Sunjeev Sikand Co-Authors Comments on Section 101 Interim Subject Matter Eligibility Guidance

Patent attorney Sunjeev Sikand has co-authored a 12-page letter to the U.S. Patent and Trademark Office (USPTO) on behalf of the Intellectual Property Owners Association (IPO) in response to a request for public comments on “Section 101 Interim Subject Matter Eligibility Guidance.” In the letter dated March 16, 2015, IPO recommended that the USPTO emphasize the substantial evidence burden to examiners. IPO noted that many examiners have indicated that they are waiting for an example closer to their art unit technology before they are comfortable indicating that a claim passes muster under the new § 101 guidance. To that end, IPO provided some additional technical examples that would help clarify the eligibility analysis. Finally, IPO asked the USPTO to provide consistent and transparent (i) examination in all art units; (ii) training; and (iii) review of rejections within the USPTO.

The IPO is a trade association composed of in-house corporate counsel for Fortune 500 companies and intellectual property attorneys. Mr. Sikand currently serves as Co-Vice Chair for IPO’s U.S. Patent Office Practice Committee.