USPTO Director’s Blog Post Extolling Certainty in § 101 Determinations Paradoxically Increases Uncertainty

By Kevin E. Noonan — Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (at right) released a blog post on the USPTO’s Director’s Blog on Monday addressing the fraught subject of subject matter eligibility under 35 U.S.C. § 101 as interpreted over the past decade by the U.S. Supreme Court and implemented by the Office in light of those decisions. As with much of Director’s public pronouncements the tone of the post is mostly upbeat, extoling the Office’s efforts in accommodating sometimes confusing if not contradictory instructions from the courts…