Since its enactment last 2014, the Supreme Court's Alice decision has continuously raised the bar for patent eligibility. Software innovation went up and it has significantly altered the patentability of software, business methods, and e-commerce technologies. In addition, software patent litigations have also changed dramatically.
In January 2019, the United States Patent and Trademark Office (USPTO) issued a revised guidance to be used when evaluating subject matter eligibility and updated same in October 2019. The revised and updated guidelines primarily focus on patent eligibility procedures involving patent claims and applications. By providing new guidance in identifying whether a patent claim or patent application claim is directed to a judicial exception, it aims to bring better clarity and predictability to Step 2A of the Alice/Mayo test.
