US Update: New 101 Guidance

The US Patent & Trademark Office (USPTO) recently announced revised guidance on how it will review patents and applications for subject-matter eligibility.¹ The revised guidance went into effect on 7 January 2019, and applies to all patents and patent applications. In setting the revised guidance, the USPTO noted the attention (and continued uncertainty) that subject-matter eligibility has experienced over the last decade and the "unique challenges" the USPTO faces ensuring examiners and administrative patent judges "apply the Alice/Mayo test in a manner that produces reasonably consistent and predictable results." The revised guidance outlines an updated analysis that the USPTO will follow when evaluating claims under Step 2A of the Alice/Mayo test – whether the claim is directed to one of the judicial exceptions to patent eligibility. It includes three sections and, in effect, separates the analysis required under Alice Step 2A into two inquiries (Prong One and Prong