The United States Patent and Trademark office (USPTO) issued a guidance memo on April 19, 2018 to ensure proper examination of patents under the Berkheimer reminder.
Under these new guidelines, if an examiner concludes that an invention is patent-ineligible because the elements are well-understood, routine and conventional, “such a conclusion must be based upon a factual determination.” In addition, these determinations must be supported by one of several pieces of information, which will limit the ability of examiners to make such a determination.
Read USPTO Memo
Read more about Berkheimer v. HP