USPTO Sets New Guidelines on Patent Examination In View of Berkheimer v. HP

//USPTO Sets New Guidelines on Patent Examination In View of Berkheimer v. HP

USPTO Sets New Guidelines on Patent Examination In View of Berkheimer v. HP

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

By |2018-04-28T16:22:14+00:00April 20, 2018|