January 12, 2019

USPTO Revised 101 Guidance in IPWatchdog

Washington, D.C., partner and co-chair of the Intellectual Property Group Bob Stoll was quoted in the IPWatchdog article “PTAB Grants Additional Briefing to Consider the Impact of USPTO’s Revised 101 Guidance.” The article discusses the Patent Trial and Appeal Board’s (PTAB) recent order that granted additional briefing in a series of covered business method review proceedings that challenged patents owned by Mirror Imaging, LLC. The order came after a teleconference between the PTAB, Mirror Imaging, and petitioner Fidelity Information Services to discuss the effects of the 2019 Revised Patent Subject Matter Eligibility Guidance, which had been published a few days prior in the Federal Register.

The revised guidance, which was announced in early 2018 by USPTO Director Andrei Iancu, relates to the procedures used by the USPTO, including those employed by the PTAB, to determine whether a patent claim is directed to judicial exceptions. Bob applauded the new guidance and said it is a step in the right direction, but that it is unclear how courts will interpret the guidance, adding that “[a]n early decision on these matters will add needed certainty to the patent system.”

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