The Federal Circuit's recent decision in Berkheimer v. HP Inc., 881 F. 3d 1360 (Fed. Cir 2018) provided important guidance from the Federal Circuit regarding software patents and medical methodology patents that are subjected to challenges for lack of patent-eligible subject matter (often referred to as Alice motions or Alice rejections due to the earlier Alice Corp. v. CLS Bank Int'l precedent from the Supreme Court). Now, the USPTO director has used the recent Berkheimer v. HP decision to establish new guidelines for examiners at See more +

The Federal Circuit's recent decision in Berkheimer v. HP Inc., 881 F. 3d 1360 (Fed. Cir 2018) provided important guidance from the Federal Circuit regarding software patents and medical methodology patents that are subjected to challenges for lack of patent-eligible subject matter (often referred to as Alice motions or Alice rejections due to the earlier Alice Corp. v. CLS Bank Int'l precedent from the Supreme Court). Now, the USPTO director has used the recent Berkheimer v. HP decision to establish new guidelines for examiners at the USPTO, which are considered by many to represent a significant shift in USPTO policy favorable to patent applicants.

Please join us as Fish principals Rob Courtney and Michael Hawkins discuss this recent Federal Circuit decision and how this shift will affect patent applicants. See less -