USPTO aims to issue Alice update in November

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 aims to issue Alice update in November

The USPTO’s Andrew Hirshfeld gave an update on how the Office is assessing claims in light of the Supreme Court’s Alice v CLS Bank decision in a patent prosecution session at the AIPLA Annual Meeting

andrew-hirshfeld-200x200.jpg

Hirshfeld admitted many have expressed a desire for more reasoned explanations post-Alice. He said the USPTO is working on new guidelines.

“The best way to characterize this is it is the next iteration,” he said. “Additional comments from the public will be solicited, and we will continue this back and forth. It is an iterative process. People are stopping me in the halls and saying when is the next iteration coming out to answer all these questions. I wish we could do that. The next iteration will certainly answer many of the questions and address feedback we received. However, there will certainly be additional questions that will need to be answered as we continue to move forward.”

He added: “As for timing, I do expect and am hoping the next iteration will be some time around the middle of November. That is if everything goes well in the review process. My goal is middle of November, although it could be possibly slightly later.”

more from across site and SHARED ros bottom lb

More from across our site

Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Gift this article