Patent Eligibility Lessons From PTAB's Use Of Berkheimer
Law360 (January 9, 2019, 3:01 PM EST) -- What makes an invention patent-eligible? Over the years, the Federal Circuit and the U.S. Patent and Trademark Office have provided guidelines for what constitutes as patent-eligible subject matter. Recent Patent Trial and Appeal Board decisions apply the Federal Circuit's 2018 decision in Berkheimer v. HP Inc. to clarify these guidelines and provide important lessons on what is patent-eligible and how to prosecute patent applications on patent-eligible inventions.
Under the USPTO’s patent eligibility guidance issued earlier this week, a patent examiner should apply the Alice/Mayo test to determine if a claimed invention is patent eligible under 35 U.S.C. § 101. Under Step 1...
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