New USPTO Guidance May Clear Path for More Technology Patents

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James J. DeCarlo Contributor

James J. DeCarlo is a shareholder in Greenberg Traurig’s Intellectual Property Practice Group. A registered patent attorney, he is actively involved in virtually all aspects of intellectual property counseling. He has spent nearly 30 years litigating, licensing and procuring patents in the software, hardware, internet and networking spaces, among many others. Mr. DeCarlo can be reached at [email protected].

Chinh H. Pham Contributor

Chinh H. Pham leads Greenberg Traurig’s Emerging Technology Practice, and is co-chair of the Boston Office Intellectual Property Practice Group. He is a registered patent attorney with particular experience in the strategic creation, implementation, and protection of intellectual property rights for high technology clients. Mr. Pham can be reached at [email protected].

On January 4, 2019, the United States Patent and Trademark Office (USPTO) released new Patent Examiner Guidance (“the Guidance”) for subject matter eligibility. The updated guidance could benefit any technology patent applicant who has a computer-related invention – from smartphones to artificial intelligence – and who has previously had difficulty acquiring patents under the USPTO’s procedures for determining patent subject matter eligibility.

This Guidance represents the current methodology for analysis of patent claims under 35


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