• The USPTO’s New §101 Guidance: Progress or Pitfall?
  • May 10, 2019 | Author: George David Zalepa
  • Law Firm: Greenberg Traurig, LLP - Florham Park Office
  • Once again, the post-Alice world of software patents gets turned on a new axis as the United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit (CAFC) fail to agree on how to determine patentable subject matter under 35 U.S.C. §101. On Jan. 4, 2019, the USPTO released its 2019 Revised Patent Subject Matter Eligibility Guidance (the “Guidance”) which significantly altered the USPTO’s application of 35 U.S.C. §101. The rationale behind the USPTO’s revision to its Examiners Guidelines was set forth in the Federal Register that announced the Guidance (emphasis ours):