Since our previous communication of November 20, 2023, the U.S. Patent and Trademark Office (USPTO) recently updated their published supplemental guidance for USPTO personnel to use in determining whether a design claim including a computer-generated electronic image is directed to statutory subject matter.
In a Notice published in the Federal Register on January 29, 2024, the USPTO:
(a) specified a deadline of November 18, 2024, for submitting written comments on the supplemental guidance that was published in the Federal Register Notice of November 17, 2023; and
(b) “corrected Examples 2, 4, and 5 in Section (V) of the supplemental guidance published in the Federal Register to reflect certain formatting (i.e., underlining and strikethrough) necessary to understand the examples.”
The corrected Examples 2, 4, and 5 are available here.
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