Analysis

USPTO Patent Eligibility Memo Will Boost Odds For Applicants

By Ryan Davis (April 27, 2018, 6:57 PM EDT) -- A U.S. Patent and Trademark Office memo setting new criteria for when examiners can reject patent applications for claiming patent-ineligible material will bring more clarity to what has been a confusing process and should help applicants avoid rejections, attorneys say.

The guidance issued to examiners this month explains that when examiners reject applications based on one part of the patent-eligibility analysis outlined in the U.S. Supreme Court's Alice decision, they must support their finding with one of several types of statements or documents.

Examiners had previously been able to reject such applications with little explanation based on their own knowledge or...

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