Proffered by Senator Thom Tillis (R-NC) in the interest of expediting patent prosecution for those applications that receive Section 101 rejections, under the new Deferred Subject Matter Eligibility (DSMER) program, eligible applicants who receive a subject matter eligibility rejection with prior art rejection(s) or indefiniteness rejection(s) can defer substantively responding to the Section 101 rejection until all other rejections have been withdrawn. This program began on February 1 and will last until July 30 of this year. The U.S. Patent and Trademark Office (USPTO) will notify eligible applicants in the first Office Action on the merits. The applicant can then choose to participate in the program by filling out a form paragraph.
Recent Posts
- Other Barks and Bites for Friday, January 17: Teva Files IRA Challenge Amid Second Round of Medicare Negotiations; Ninth Circuit Says Kinetic Sculptures Can Be Sufficiently ‘Fixed’ for Copyright; USPTO Publishes Inventorship FAQs for AI-Assisted Inventions
- USPTO Fee Report: Discounts Don’t Cut It for Incentivizing New Patent Participants
- Federal Circuit Splits on Whether Toddler Tub May Infringe
- CAFC Rules Patent Applications are Considered Pre-AIA Prior Art By Filing Date, Not Publication Date
- The Biden Administration Rolls the Dice on NIH Patent Licensing