Archive for November, 2016


USPTO Memorandum Regarding Recent Subject Matter Eligibility Decisions

Tuesday, November 8th, 2016

The USPTO has issued a memo regarding subject matter eligibility in light of the recent Federal Circuit decisions (including McRO). In summary, the memo sets forth that (1) an “improvement in computer-related technology” can be a set of “rules” that improve computer-related technology by allowing computer performance a function not previously performable by a computer; (2) several recent decisions discuss the role of preemption in eligibility analysis; and (3) examiners should not rely upon non-precedential decisions –

Tyson Benson