USPTO releases update to 101 guidance

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

USPTO releases update to 101 guidance

uspto-logo.gif

The Federal Circuit’s McRO v Bandai and Bascom v AT&T Mobility decisions identifying eligible subject matter are discussed in a USPTO update

uspto-logo-280.jpg

The USPTO has issued an update to its subject matter eligibility guidance in light of Federal Circuit decisions since the previous update in May 2016

“These decisions do not change the basic subject matter eligibility framework explained in the SME guidance and training examples, but provide additional information about finding eligibility for software claims,” said the USPTO in a memorandum. “Accordingly, the USPTO will be updating its SME guidance in view of these decisions and feedback from patent stakeholders.”

The memorandum provides a discussion of two of the recent decisions identifying eligible subject matter: McRO dba Planet Blue v Bandai Namco Games America and Bascom Global Internet Services v. AT&T Mobility.

The USPTO said that this week’s Federal Circuit decision finding eligibility in Amdocs (Israel) v Openet Telecom will be discussed further in the forthcoming update to the SME guidance, along with McRO, BASCOM, and other recent decisions concerning patent eligibility.

The memorandum can be viewed here

more from across site and SHARED ros bottom lb

More from across our site

The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Gift this article