April 28, 2021

The U.S. Patent & Trademark Office is reported to be planning a voluntary pilot program for sequenced patent examination and § 101 eligibility determinations in response to a March 22, 2021, letter from Senators Thom Tillis and Tom Cotton requesting that the Office consider such program. See e.g., Bultman, Matthew, “Patent Office Plans Pilot Program With Delayed Eligibility Calls,” Bloomberg Law, April 21, 2021; 3.22-TT-TC-Ltr-to-PTO-re-Sequenced-Examination1.pdf (patentlyo.com).  While the Office has not released specific details or a timetable for the program, one anticipated feature is that § 101 eligibility determinations will be addressed after other patentability requirements (e.g., novelty under § 102 and non-obviousness under § 103) have been resolved.