Update on patent eligibility :
The Court of Appeals for the Federal Circuit (Federal Circuit) recently issued a decision in Berkheimer v. HP Inc. (Fed. Cir. Feb. 8, 2018), regarding the inquiry of whether a claim limitation is well-understood, routine, conventional to a person skilled in the art. In the decsion, the Federal Circuit found that whether a claim element represents well-understood, routine, conventional activities to a skilled artisan in the relevant field is a question of fact. The United States Patent and Trademark Office (USPTO) has implemented this decision in a memorandum issued to the Patent Examining Corps. The memorandum clarifies that a conclusion that an claim element is well-understood, routine and conventional must be based upon a factual determination that is adequated supported, i.e., in one of the four manners discussed in the memorandum.