The USPTO Looks to Nail Down the “Abstract Idea,” Among Other Things

On January 7, the U.S. Patent and Trademark Office released new guidance for how patent examiners should evaluate patent-eligible subject matter under 35 U.S.C. § 101. In “Evaluating the Evaluation: Breaking Down New USPTO Guidance for Patent-Eligible Subject Matter,” colleagues Jack S. Barufka, Ngai Zhang, and Matthew W. Hindman examine the new guidance—and what it means for patent eligibility going forward.