Patent Office Issues New Examiner Guidance on Subject-Matter Eligibility

Contact: Pattric Rawlins and Jonathan Cheng, Procopio
Posted Feb 1, 2019

The U.S. Patent and Trademark Office (USPTO) has issued its highly anticipated guidance on determining when subject matter is ineligible for patenting. The stated goal of this guidance is to promote clarity, consistency, and predictability in how 35 U.S.C. 101 is applied during patent examination. The new guidance supersedes prior guidance and ostensibly makes it more difficult for examiners to reject subject matter as patent-ineligible under 35 U.S.C. 101.

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