In a move we all knew was coming—maybe even hoped was coming (sooner than it came, for some of us!)—the USPTO finally announced the revised guidance for determining subject matter eligibility. Last fall Director Iancu implied that we had these revisions to look forward to. The new guidance touches on how the examining core will handle subject matter eligibility. Certainly, there are many practitioners that are breathing a sigh of relief and hoping that this will add a layer of clarity. What will be interesting is to see whether the courts will uphold patents found eligible by the patent office under this guidance. That’s the million dollar question. The announcement also includes guidance on functional claim limitations. For a full breakdown of the guidance, check out the official documents. We also appreciated the analysis and highlights presented at PharmaPatents. And for a cynical dissection of how this will change the current landscape of patent litigation, i.e. patent trolls finding ways to sue actually productive software companies et cetera, we always enjoy the commentary from the minds at Ars Technica

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