On January 4, 2019, the US Patent and Trademark Office (USPTO)
announced revised guidance for determining subject matter
eligibility under 35 U.S.C. § 101 for computer-implemented
inventions (Guidance). The Guidance takes effect Monday,
January 7, 2019. The Guidance is important for medical patents that
use algorithms for diagnosis and treatment decisions in
personalized medicine.
Two Primary Changes to Improve Clarity
Two primary changes on how patent examiners should apply the
first part of the two part U.S. Supreme Court's
Alice/Mayo test, are made to improve "clarity,
consistency, and predictability of actions across the USPTO"
(quoting Under Secretary of Commerce of Intellectual Property and
Director of the USPTO Andrei Iancu Guidance Press Release):
