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Expert Analysis

We Need More Guidance On Applying 'Abstract Idea'

Law360, New York (August 14, 2014, 10:16 AM EDT) -- Many commented that the Alice decision[1] was a not a significant departure from previous decisions. After all, Benson[2] already had held that a general implementation on a digital computer is not enough to confer subject matter eligibility. However, in recent conversations with the author and other practitioners, examiners have indicated a plan to effectively reject all software claims. When asked why, the response pointed to a lack of specific guidance with respect to the Alice decision....

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