Analysis

USPTO Patent-Eligibility Revamp May Face Court Skepticism

Law360 (September 25, 2018, 10:38 PM EDT) -- A U.S. Patent and Trademark Office plan to overhaul patent-eligibility rules for examiners was greeted with cautious optimism by attorneys, who said the changes could clarify a murky area of the law, but risk putting the office on a collision course with courts that may have different views on eligibility.

The USPTO has not made a formal proposal to change its approach to determining what is and is not eligible for a patent, and director Andrei Iancu said in a speech on Monday that finalizing one "would take some time." Nevertheless, he provided substantial detail about what he would like to...

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