Tag: practical application

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USPTO Clarifies Alice/Mayo Step 2A with New Patent Subject Matter Eligibility Guidance

USPTO Clarifies Alice/Mayo Step 2A with New Patent Subject Matter Eligibility Guidance

For the last several years, a major part of prosecuting software-related patents at the U.S. Patent and Trademark Office (“USPTO”) has been dealing with theUSPTO’s inconsistent interpretation of patent subject-matter eligibility issues under 35 U.S.C. § 101 arising from the Supreme Court’s decisions in Alice Corporation Proprietary Ltd. v. CLS Bank International[1]and Mayo Collaborative Services. v.Prometheus Labs.[2]  However, new guidance from the USPTO concerning the Alice/Mayo test regarding patent subject-matter eligibility was released for public comment on January 7, 2019.  This guidance attempts to provide more examination consistency for entities prosecuting software-related patents.  We describe the primary features of the new guidance below and offer insights into what this means for companies pursuing such patents at the USPTO going forward.

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