On January 7, 2019, the USPTO issued new patent examination guidelines for USPTO Examiners to consider subject matter eligibility under 35 U.S.C. 101. The USPTO has now provided to U.S. patent attorneys a very helpful PowerPoint presentation that includes the 2019 Revised Patent Subject Matter Eligibility Guidance on 35 U.S.C. 101. This is a 200 slide presentation by the U.S. Patent & Trademark Office which provides excellent information for patent attorneys and their clients on the new USPTO procedures for examining patent applications under 35 U.S.C. 101. This presentation discusses the revised Step 2A in the 35 USC 101 analysis which now includes a two prong approach as shown below:
The new USPTO examination guidelines should significantly increase patent applicants ability to patent software related technologies. You can learn more about the new USPTO guidelines at by reviewing the USPTO PowerPoint presentation on the 2019 Revised Patent Subject Matter Eligibility Guidance on 35 U.S.C. 101 or by visiting the USPTO’s Subject Matter Eligibility Web Page.