Responding To Rejections Under New USPTO Guidance

Law360 (March 1, 2019, 3:08 PM EST) -- On Jan. 7, 2019, the U.S. Patent and Trademark Office introduced a 2019 Revised Patent Subject Matter Eligibility Guidance in the Federal Register.[1. The guidance mainly introduced a modification of how examiners were to handle step 2A. According to the USPTO FAQ[2] on the guidance, it seems to replace the “Eligibility Quick Reference Sheet Identifying Abstract Ideas” (see e.g., answer A-7 of the FAQ). There have been a number of resources put out by the USPTO in helping practitioners understand the change, including a virtual training workshop.[3]

As we’ve seen from the beginning (i.e., the U.S. Supreme Court's 2014 decision in...

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