New Patent Examination Guidelines For Subject Matter Eligibility In The U.S.

The U.S. Patent and Trademark Office (PTO) has issued its 2019 Revised Patent Subject Matter Eligibility Guidance (PTO Guidance) on subject matter eligibility for patent applications.¹ This guidance took effect on January 7 and aims to provide clarity for patent examiners on the framework for assessing whether claimed subject matter is patent eligible.²

What You Need To Know

• The PTO Guidance does not have the force of law, but it has the practical effect of guiding PTO examination and administrative patent proceedings when assessing patent eligibility.
• The purpose of the PTO Guidance is to ensure that there are "reasonably consistent and predictable results" in the patent examination process.