On January 4, 2019, the USPTO released new guidance for examiners regarding applications containing patent ineligible material, such as abstract ideas. The new system takes effect on January 7 and aims to provide clarity to the analysis of patent eligibility. Law360 reached to Adriana Burgy, leader of Finnegan's patent office practice, for her thoughts on the new guidance.
Adriana said, "Applicants seeking patents that have in the past been rejected on eligibility grounds should welcome the USPTO's new guidance. In areas where I typically get a 101 rejection, this is consistent with the arguments that I make; that my claim is not directed to the judicial exception, that I'm applying it, I'm not monopolizing it. So I think this helps us." She added, "It's just great to see the office tackle such a complex issue."
