USPTO Rebukes High Court's Approach To Abstract Ideas
Law360 (February 11, 2019, 2:02 PM EST) -- In the "2019 Revised Patent Subject Matter Eligibility Guidance," the United States Patent and Trademark Office provides new guidance to patent examiners to assist with the review of claims for patentable subject matter. This guidance is the latest in a line of guidance that responds to the U.S. Supreme Court decision in Alice Corp. v. CLS Bank International, which held that abstract ideas are unpatentable, and which further provided no clear test for determining what constitutes an abstract idea. As a result, district court and Federal Circuit opinions on subject matter eligibility have tried to apply the Alice decision, and have...
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