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Years After Alice: Eligibility-Rejections Outflow from a Different Part of the USPTO

A concise set of statutes dictate the characteristics that a patent application must have to be allowed to grant as a patent. Patent examiners are tasked with reviewing individual applications to determine whether these...more

5 KEY TAKEAWAYS: Eligibility-Rejection Trends: Within and Beyond Business-Method Art Units

Kilpatrick Townsend attorney Kate Gaudry recently presented on “Eligibility-Rejection Trends: Within and Beyond Business-Method Art Units” as part of the Landslide Webinar Series. Key takeaways from Dr. Gaudry’s...more

Eligibility Rejections Contested in Nearly All Business-Method Appeals

While the examiner is the sole arbiter during patent prosecution, when an impasses has been reached (in terms claim interpretation, the cited art, or the patent statutes) Applicants can appeal to a panel of Patent Trial and...more

Nearly All Post-Alice Eligibility Rejections are Affirmed in Whole by the PTAB

Frequently, the fate of a patent application lies with a single patent examiner. This power frustrates applicants when an impasse has been reached in terms of interpretation of the claims, cited art, or patent statutes....more

Key Takeaways: Software Patent Prosecution Requires Data-Based Strategies Due to Patent Office Inconsistencies

Kilpatrick Townsend attorneys Kate Gaudry, Ph.D. and Thomas D. Franklin recently presented at the Practising Law Institute’s 11th Annual Patent Law Institute regarding “Software/EE: Are We There, Yet?”. ...more

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