Wednesday, January 9, 2019

USPTO - Webinar - Revised Subject Matter Eligibility Guidance

Today, the USPTO announced:

"Our Patent Quality Chat webinar kicks off the 2019 series on Jan. 10, from 2 – 3 p.m. ET, with "Revised Subject Matter Eligibility Guidance."

The discussion will focus on the USPTO’s recently-issued guidance published in the Federal Register [84 FR 50] on Jan. 7, implementing changes to USPTO procedures for determining subject matter eligibility under 35 U.S.C. § 101 for claims in patents and patent applications. This webinar will be helpful for anyone prosecuting patent applications or with an interest in statutory compliance with 35 U.S.C. § 101.

The USPTO’s Deputy Commissioner for Patent Examination Policy Bob Bahr and Senior Legal Advisor Matthew Sked will be discussing the revised guidance and the changes it makes to how USPTO personnel apply the first step of the U.S. Supreme Court’s Alice/Mayo test (Step 2A in Office guidance) for subject matter eligibility. Specifically, the revised guidance creates a new inquiry in Step 2A, in which a claim is not “directed to” a recited judicial exception if the claim integrates the judicial exception into a practical application. The revised guidance also groups the types of subject matter that are considered abstract ideas and directs USPTO personnel to use these groupings to identify abstract ideas in revised Step 2A. We look forward to hearing your thoughts and answering your questions about this revised guidance.

Please send your input and questions to

No registration is necessary to attend. More information, including how to attend, is available on our event page on the USPTO website.

The Patent Quality Chat webinar series is presented as a part of the USPTO’s continuous efforts to improve patent quality."

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