Post-Alice, the United States Patent and Trademark Office (“PTO”) is aggressively rejecting software claims under the Alice two-part test, the parameters of which many examiners are still trying to understand. Not surprisingly, this has led to some confusion among both practitioners and patent examiners on how to apply the two-part test from a practical standpoint. However, if there is a glimmer of hope for patent owners, it lies in a number of recent cases that have countered subject matter eligibility rejections by the PTO.
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