After months of indications from various levels of the USPTO that new examination guidelines were in the works, the USPTO has issued two new sets of guidance for examining applications. The first is related to subject matter eligibility under 35 U.S.C. § 101. The second is related to examining computer-implemented functional claims under 35 U.S.C. § 112. Both attempt to harmonize examiner practice across the USPTO and give applicants a clearer understanding of what types of claims will and will not be rejected under 35 U.S.C. §§ 101 and 112, respectively. The new subject matter eligibility guidance will be especially interesting in its application by examiners as it appears to lend itself to more applications being able to be deemed subject matter eligible than under the previous USPTO guidance.
USPTO Press Release
https://www.uspto.gov/about-us/news-updates/us-patent-and-trademark-office-announces-revised-guidance-determining-subject
2019 Revised Patent Subject Matter Eligibility Guidance
https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-28282.pdf
Examining Computer-Implemented Functional Claim Limitations for Compliance with 35 U.S.C. 112
https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-28283.pdf