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 2025

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

In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Greg Munt, who has moved from Griffith Hack to James & Wells after four decades, hails his new firm’s approach to client service
Practitioners warn that closing the Denver regional office could trigger a domino effect, threatening local innovation and access to IP resources
Law firms are rethinking litigation strategies after USPTO director John Squires said he would take control of PTAB challenges
News of Singapore planning to streamline the licensing framework for foreign law firms and a partnership between Avanci and Xprize were also among the top talking points
In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
The EUIPO is keen to stress the benefits of mediation as a means of resolving IP disputes, but do roadblocks remain?
Åsa Gustafson, global patent paralegal manager at Zacco, provides insight into the world of a paralegal, explains how she keeps abreast of legal developments, and reveals a passion for weaving
Alif Gultom and Andrew Diamond of Januar Jahja & Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
Gift this article