New USPTO Guidance may clear path for more technology patents

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On January four, 2019, america Patent and Trademark Workplace (USPTO) launched new Patent Examiner Guidance (“the Steerage”) for material eligibility. The up to date steerage may benefit any know-how patent applicant who has a computer-related invention — from smartphones to synthetic intelligence — and who has beforehand had problem buying patents beneath the USPTO’s procedures for figuring out patent material eligibility.

This Steerage represents the present methodology for evaluation of patent claims underneath 35 U.S.C. § 101 in view of Mayo v. Prometheus, Alice v. CLS Financial institution Intl., and subsequent instances, and is meant to offer a extra concrete framework for analyzing whether or not patent claims, as an entire, are merely “directed to” an summary concept. The Steerage will supersede sure evaluation strategies articulated in earlier steerage, notably the examiner’s “Fast Reference” that beforehand sought to categorize summary concepts.

The Alice/Mayo check

The Steerage acknowledges that making use of the Alice/Mayo check to research claims beneath § 101 has “induced uncertainty on this space of the regulation” and has resulted in examination practices that forestall stakeholders from “reliably and predictably figuring out what material is patent-eligible.” As such, the Steerage makes an attempt to treatment this uncertainty by revising the USPTO’s evaluation beneath step one (Step 2A) of the Alice/Mayo check: