The 2019 Guidance provides some clarity for determining patent eligible subject matter under § 101. For example, it clarifies that to be patent eligible, a claim needs to state a new and practical application of an alleged abstract idea.
As the USPTO continues to apply the 2019 Revised Guidance, the number of rejections under § 101 issued in patent applications directed to graphical user interfaces should continue to decline.
This article discusses several recent patent cases in which the inventions were directed to graphical user interfaces. In each of those cases, an applicant would have had a chance to advance their arguments against the § 101 rejections by showing how the recited graphical user interface integrates the alleged abstract idea into a practical application.
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