In December 2020, the USPTO solicited public comments, via a Federal Register Notice, on whether the USPTO’s interpretation of 35 U.S.C. section 171—specifically, the “article of manufacture” requirement—should be revised to protect new and emerging technologies including digital designs. On April 21, 2022, the USPTO released a report summarizing the comments the USPTO received.
The full report, “Summary of public views on the article of manufacture requirement of 35 U.S.C. § 171,” is available on the USPTO website.
Read Director Vidal’s comments on the report in the latest Director’s blog here.