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ARTICLE · 02 NOVEMBER 2018

USPTO Director Suggests New Test For Software Patents

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The USPTO director, Andrei Iancu, recently gave a talk at the IPO's annual meeting, and he had some exciting news regarding subject matter eligibility, which affects the patentability of software.

United KingdomIntellectual Property
Julian Asquith
Julian Asquith
Tobias Eriksson
Tobias Eriksson
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The United States Patent and Trademark Office (USPTO) director, Andrei Iancu, recently gave a talk at the IPO's annual meeting, and he had some exciting news regarding subject matter eligibility, which affects the patentability of software. Ever since the Supreme Court Alice decision in 2014, many applicants have found the examination of software patents in the US inconsistent and unpredictable. Iancu readily acknowledged the existing problems with determining patentable subject matter, and in particular with determining whether or not protection is sought for an "abstract idea", which is not patentable in the US under section 101. In an attempt to solve these problems the USPTO is now contemplating new guidance to simplify the test for an "abstract idea" and to improve the consistency and predictability of examination.

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