Berkheimer v. HP: A Favorable Shift for Software and Medical Methodology Patents?

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The Federal Circuit's recent decision in Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir 2018) provided important new guidance outlining additional proof requirements to invalidate software and medical methodology patents in court for lack of patent-eligible subject matter (often referred to as Alice motions or Alice rejections). Now, the new USPTO director has extended the Berkheimer decision to patent examination–establishing new guidelines for examiners at the USPTO to follow, which are considered by many to represent a significant shift in USPTO policy favorable to patent applicants.

On July 19th Rob Courtney and Michael Hawkins discussed this recent Federal Circuit decision and how this shift will affect patent applicants.