HTIA Submits Comments on Patent Subject Matter Eligibility Guidance

HTIA submitted comments to the United States Patent and Trademark Office on patent subject matter eligibility guidance, focusing on changes in three areas. The letter states that the “integrated into a practical application” test in Step 2A of the guidance is clearly contrary to the case law and must be replaced, that the guidance should emphasize that claims limited only by their results or effects are patent ineligible, and that significant changes to the “Groupings of Abstract Ideas” are required. These three necessary changes are also reflected in the redlined version of the relevant portions of MPEP Section 2106 appended to the comments.