Friday, October 18, 2019

USPTO - Update on Subject Matter Eligibility - October 17, 2019

Yesterday, the USPTO published an October 2019 update to the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) published on January 7, 2019.

The update is based on public comments on the (2019 PEG), and may be helpful for patent applicants. The USPTO explains and gives examples to respond to five major themes in the comments:

"(I) evaluating whether a claim recites a judicial exception;
(II) the groupings of abstract ideas enumerated in the 2019 PEG;
(III) evaluating whether a judicial exception is integrated into a practical application;
(IV) the prima facie case and the role of evidence with respect to eligibility rejections; and
(V) the application of the 2019 PEG in the patent examining corps."

The USPTO states the update is primarily directed to examination procedures and "all USPTO personnel are expected to follow the guidance."

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