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

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

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

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