Practice tips for the USPTO’s 2019 revised subject matter eligibility guidance

New 2019 Revised Patent Subject Matter Eligibility Guidance was issued by the US Patent and Trademark Office (USPTO) on January 4, 2019. The revised guidance presents a substantial shift in the analysis of claims for subject matter eligibility under 35 USC §101. As such, a practitioner drafting a patent application or responding to an office action on a pending application will need to adapt drafting techniques and arguments to fit the new guidance.