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Revised Patent Eligibility Guidelines - Published on January 7, 2019

Writer's picture: IP Pundit LLCIP Pundit LLC

The USPTO published a “2019 Revised Patent Subject Matter Eligibility Guidance" to "improve the clarity, consistency, and predictability of actions across the USPTO.” The revised guidance first discussed the topic of abstract ideas. It explained that the abstract idea exception includes certain groupings of subject matter: mathematical concepts, certain methods of organizing human activity, and mental processes. Second, the guidance included a two-prong inquiry for the examiners to evaluate whether a claim is “directed to” a judicial exception. 

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