Ever since the 2014 Supreme Court of the United States decision in Alice Corp. v. CLS Bank, the USPTO has raised the bar for patent subject matter eligibility in the USA. Hence, it is more difficult to obtain patents in technology fields which deal with so-called “abstract ideas”.
To this end, the USPTO issued new guidelines (in effect as of January 7, 2019) which could lead to greater certainty for patent applicants. The two primary changes to the existing guidelines are as follows:
The complete text of the guidelines can be found here.
If you have questions on the guidelines, please contact one of our professionals.