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

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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, Matthew W. Hindman and Tiffany C. Kuo examine the new guidance—and what it means for patent eligibility going forward.