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.
The material on this site is for law firms, companies and other IP specialists. It is for information only. Please read our Terms and Conditions and Privacy Notice before using the site. All material subject to strictly enforced copyright laws.
© 2021 Euromoney Institutional Investor PLC. For help please see our FAQs.