On April 19, the USPTO issued a memo with an update on subject matter eligibility guidance. The memo explains changes to Subject matter eligibility rejections based on recent case law (Berheimer & Aatrix). Determining that something is “well-understood, routine, and conventional” is a factual matter and must be supported in writing with one of the following:
There is a lot more detail is the official memo, it’s worth a read.
This is welcome news to practitioners that are dealing with subject matter eligibility issues.
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We’re here to help answer your questions. Trademark and IP matters can be complicated, our experts are on hand to help inform you of every aspect regarding your topic.