PTAB Taking Patent Eligibility Revamp To Heart

Law360 (February 15, 2019, 6:39 PM EST) -- The Patent Trial and Appeal Board has in recent weeks demonstrated its intent to follow the U.S. Patent and Trademark Office’s new patent eligibility framework, taking an approach that could enable more applications to escape rejections for containing ineligible material, like abstract ideas.

The PTAB, which is part of the USPTO, has cited the patent office’s guidance in close to three dozen appeals of examiner rejections since the system took effect last month. The board has also asked for additional briefing in various America Invents Act reviews of issued patents.

While the sample size is limited, Michael Borella, co-chair of the...

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