On January 7, 2019, the USPTO issued the long-awaited 2019 Revised Patent Subject Matter Eligibility Guidance (“2019 PEG”), which simplifies the examination procedure using the Alice/Mayo test that Examiners—and the Patent Trial and Appeal Board (PTAB)—will apply to determine subject-matter eligibility under 35 U.S.C. § 101. The 2019 PEG “aims to clarify” the Section 101 analysis by “extract[ing] and synthesiz[ing]” controlling Federal Circuit precedent defining unpatentable “abstract ideas” into a more workable, two-prong test. With this revised test, the Office hopes to “ensure that its more than 8500 patent examiners and administrative patent judges [can] apply the Alice/Mayo test in a manner that produces reasonably consistent and predictable results across applications, art units and technology fields,” so that “inventors, businesses, and other patent stakeholders . . . [can] reliably and predictably determine what subject matter is patent-eligible.”
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