Our training materials for examiners on patent subject matter eligibility under 35 U.S.C. 101 are listed below. Guidance, examples and other information are provided on Subject matter eligibility.
Current training on patent subject matter eligibility
- 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence (posted 12/13/2024) (NEW)
- Step 1: Statutory requirements and four categories of invention (posted September 24, 2015)
- Step 2A: Revised examination procedures in view of the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG)
- Introductory training module [PPT] (posted March 6, 2019)
- Advanced training module [PPT] (posted March 6, 2019)
- Subject Matter Eligibility: Well-Understood, Routine, Conventional Activity (posted May 7, 2018)
- Training on the 2024 Artificial Intelligence Eligibility Update (posted XXX) NEW
General training on pre-2019 PEG guidance for evaluating patent subject matter eligibility
- Exploring Subject Matter Eligibility: Abstract Ideas (posted February 2018), which reviews the Step 2A and 2B analysis in the context of abstract idea example 35
- Computer based training
- Slides
- How to retrieve case law (quick reference sheet used in training)
- Interim Eligibility Guidance significantly more considerations (quick reference sheet used in training) - note that this information is now incorporated into the MPEP
- Formulating a subject matter eligibility rejection and evaluating the applicant’s response (June 2016), also known as Abstract Idea Workshop III
- Guidance overview and steps 2A and 2B:
- Computer based training (posted March 6, 2015)
- Slides (February 2015)
Training on abstract idea examples (Abstract Idea Workshops I & II)
- Abstract Idea Workshop I materials (May 2015), for use with abstract idea examples 1-8
- Blank worksheet (abstract idea)
- Blank worksheet (generic exception)
- Court decision chart summary (Version 05/15/15) – an updated version of this chart is available on Subject matter eligibility.
- Worksheet answer keys for examples 1-8
- Abstract Idea Workshop II materials (February 2016), for use with abstract idea examples 21 and 23
- Slides
- Handout (includes background and claims for the examples)
- Worksheet answer keys for example 21, claims 1 and 2
- Worksheet answer keys for example 23, claims 3 and 4
Training on nature-based products and life sciences
- Analyzing nature-based products materials, for use with nature-based product examples 9-18
- Computer based training (posted July 14, 2015)
- Slides (February 2015)
- Life Sciences Workshop I materials (June 2016), for use with life sciences examples 28-33
- Slides
- Handout (includes background and claims for the examples)
- Blank worksheet (nature-based products)
- Worksheet answer keys for example 28, claims 2-5
- Worksheet answer keys for example 29, claims 2, 3 & 6
- Worksheet answer keys for example 30, claims 2, 3, & 6