The 2019 Patent Eligibility Guidelines have made it easier to obtain software patents at the USPTO, leading to significant processing improvements. However, the Federal Circuit does not follow these guidelines, favoring a different, less predictable test for patent eligibility. This discrepancy creates challenges for patent attorneys and litigators. Discussions involve insights from Honorable Andrei Iancu, Vince Rubino, and John Rogitz on the variations in patent eligibility from different professional perspectives, especially after the implementation of the 2019 guidelines.
I do think that at the PTO the situation is much improved over the last few years," Iancu explained. "We put out the 2019 Patent Eligibility Guidelines, so they've been around for six years now, and obviously a lot of patents have been decided with these guidelines, and it works fairly well. You know, the courts have not adopted the guidelines though, neither have they said that they're wrong, and I don't think they are, I think they're fully consistent with Federal Circuit law.
The Federal Circuit continues to ignore the 2019 guidelines in favor of their own disjointed, unpredictable, non-repeatable test which creates challenges for patent eligibility.
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