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Client Alert: USPTO Deferred Subject Matter Eligibility Response Pilot Program

January 12, 2022

The USPTO has announced the Deferred Subject Matter Eligibility (SME) Response Pilot Program, which launches on February 1, 2022, and provides applicants with a limited waiver with respect to SME rejections applied against an application. The program provides a sequenced approach to handling substantive rejections, where SME rejections are handled after the resolution of all other patentability rejections.

Cantor Colburn’s dedicated Computer Science Practice Group is in the top 10 in both getting SME allowances and overcoming SME rejections. Our attorneys offer our clients the most current and most informed counsel in this changing landscape. Please contact Computer Science Practice Group Chair Jeff Waters at or your Cantor Colburn attorney with any questions you may have regarding this matter and your IP in general. Partner David Bomzer wrote this client alert. 

Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.

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