If you have a trademark deadline coming up in the next two weeks, I’d advise that you plan ahead just a bit to ensure that you have enough time to make it through the new USPTO security. The new system will require two-step authentication both for TEAS and TEASi (international version).
- You’ll need a USPTO.gov account: https://my.uspto.gov/
- More info here: https://www.uspto.gov/about-us/news-updates/teas-login-requirement
“Under the 2019 PEG, in contrast, the
“improvements” analysis in Step 2A determines whether the claim pertains to an improvement to the functioning of a computer or to another technology without reference to what is well-
understood, routine, conventional activity. That is, the claimed invention may integrate the judicial
exception into a practical application by demonstrating that it improves the relevant existing technology although it may not be an improvement over well-understood, routine, conventional
activity.”
Did the writer drink heavily before composing the above, or heavily after composing the above?
What will be interesting is the writing of examiners who have to implement that writing that you note.
The item to note here is that this really stems from the Berkheimer memorandum and how examiners really are not equipped to substantiate that level (knowing that that level is beyond the typical tools of the examiner of either anticipation (under 102) or obviousness (under 103)).
The courts have been clear that such “conventionality” is akin to widespread use.
What examiner, using the tools at the disposal of the examiner is in a position to determine (at the degree required under the APA) just what “widespread use” is?
You probably should be saying “thank you.”
Off topic, but I am surprised that there is yet no mention around these parts of the new subject matter eligibility guidance that came out today. Usually these things engender write-ups on the blogs rather quickly.
I regard the “eligible” status of example 43, claim 2 as very good news indeed (may be 112 issues there, but at least the subject matter eligibility is sound).
Commented on it in the N-gram post. I wouldn’t be surprised if the lack of immediate blog post is due to how dry it is. It’s almost put me to sleep everytime I’ve tried to review it closely.
Ha! 🙂
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