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

Cookies Settings

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 Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Patent and trademark practitioners say new arrival will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Gift this article