USPTO Patent Eligibility Training on 2019 Revised Subject Matter Guidance

On February 28, 2019, the USPTO summarized and explained the recently issued 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) that changes the procedures for determining whether a patent claim is directed to patent eligible subject matter. While a majority of the changes directly impact computer-implemented inventions, the 2019 PEG does change how claims to personalized therapies are examined for patent eligibility. The 2019 PEG slide deck is available here (PEG Slide deck). Modified Step 2A The 2019 PEG sets forth a new procedure for Step 2A of the patent eligibility analysis by creating a new two-prong inquiry for determining whether a claim is directed to a judicial exception to patent eligibility. It creates new groups of subject matter considered as an “abstract idea,” and clarifies when a claim is not “directed to” a judicial exception if the judicial exception is integrated into a practical application of that exception.…

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