This article relates to key practice pointers for making a claim patent-eligible subject matter according to the U.S. Patent and Trademark Office’s (USPTO’s) October 2019 Patent Subject Matter Eligibility Guidance Update (October 2019 PEG Update). The October 2019 PEG Update expands on the January 2019 PEG (Patent Subject Matter Eligibility Guidance). In view of the continued denial of cases involving patent subject matter eligibility, such as Athena Diagnostics, Inc. v. Mayo Collaborative Services, 915 F.3d 743 (Feb. 6, 2019) by the U.S. Supreme Court, patent practitioners and clients alike need to pay more attention to the issued guidance documents and relevant Federal Circuit case law. Accordingly, one needs to have strategies in place for dealing with compliance of patent claims with 35 U.S.C. § 101.
Recent Posts
- Squires Calls for ‘Born Strong’ Patents in Light of USPTO’s Dire ‘Defective’ Patent Rate
- SAG-AFTRA Says Fortnite’s Use of AI Instead of Actors Is Unfair
- Stewart Clarifies Application of Advanced Bionics, Orders New Briefing in Light of Rescinded Fintiv Memo
- Stewart Issues First Decisions on Discretionary Denial Under Interim Workload Management Process
- Senate IP Subcommittee Talks Legislative Fixes for China’s Threats to American Innovation Leadership