January 15, 2019

Rapid Response: Revised USPTO Guidance on Sections 101 and 112


Washington, D.C., partner and co-chair of the Intellectual Property Group Bob Stoll spoke at the American Intellectual Property Law Association webinar “Rapid Response: Revised USPTO Guidance on Sections 101 and 112” on January 15, 2019. Bob’s co-presenter was Terry Rea, a partner at Crowell & Moring LLP.

The first part of the presentation discussed the USPTO’s Revised Patent Subject Matter Eligibility Guidance, which took effect on January 7, 2019, and the two primary changes the guidance makes to how patent examiners apply the first step of the Alice/Mayo test. The second part of the presentation focused on the 2019 Revised Section 112 Guidance, which is directed to computer-related inventions and offers guidance on applying 35 U.S.C. sections 112(f) and 112(b), as well as guidance on applying the written description and enablement requirements under section 112(a).

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