In a Federal Register notice today, the Patent Office extended the deadline for comments on its proposed examination guidelines on the patentable-subject-matter question. The reason? We’re still waiting on the Supreme Court’s decision in LabCorp v. Metabolite.

Here’s the heart of the notice:

The USPTO has published a notice setting forth interim guidelines to be used by USPTO personnel in their review of patent applications to determine whether the claims in a patent application are directed to patent eligible subject matter under 35 U.S.C. 101. See Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility, 1300 Off. Gaz. Pat. Office 142 (Nov. 22, 2005) (Patent Subject Matter Eligibility Interim Guidelines). The USPTO published a notice on December 20, 2005 requesting public comment on the interim guidelines. See Request for Comments on Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility, 70 FR 75451 (Dec. 20, 2005) (Request for Comments).

A case currently awaiting decision by the U.S. Supreme Court, Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc., S.Ct. No. 04-607 (LabCorp), may impact the question of patent subject matter eligibility under 35 U.S.C. 101. The December 2005 Request for Comments indicated that the USPTO expected that a decision in LabCorp would be rendered sometime before the end of June 2006, and that USPTO would publish a notice further extending the period for public comment on the USPTO’s Patent Subject Matter Eligibility Interim Guidelines if necessary to permit the comments to take into account the Court’s decision in LabCorp. See Request for Comments on Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility, 70 FR at 75452. Therefore, the USPTO is further extending the period for public comment on the USPTO’s Patent Subject Matter Eligibility Interim Guidelines until July 31, 2006 to permit the comments to take into account the Court’s decision in LabCorp (still expected before the end of June 2006).

[ Hat tip to Hal Wegner at Foley & Lardner. ]