PhRMA appreciates the PTO’s outreach to stakeholders regarding the matters discussed in the Interim Eligibility Guidance, and the PTO’s consideration of both PhRMA’s comments and the comments of others during this process. The Interim Eligibility Guidance is a substantial improvement over the PTO’s now superseded March 4, 2014, Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products (“March 2014 Procedure”). It provides more straightforward guidance to examiners and aligns more closely with Supreme Court case law.

PhRMA offers a few suggestions for improving the Interim Eligibility Guidance and the examination of relevant patents.