USPTO on Patent Eligibility — Example 37

By Michael Borella — On January 7, 2019, the U.S. Patent and Trademark Office published updated examination guidance, instructing the examining corps and the PTAB how they should apply 35 U.S.C. § 101. On the same day, the USPTO also published the latest in its series of examples of how this application of the § 101 inquiry should be carried out. This latest set, encompassing examples 37-42, apply the updated guidance (examples 1-36 were previously published over the last four years). The USPTO emphasizes that these examples are "hypothetical and only intended to be illustrative of the claim analysis" under…

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