How PTAB Is Applying New Patent Eligibility Guidance

Law360 (March 28, 2019, 1:31 PM EDT) -- Since the U.S. Patent and Trademark Office released its 2019 Revised Patent Subject Matter Eligibility Guidance,[1] the Patent Trial and Appeal Board has published over 200 decisions that apply the guidance. Included in those decisions is Ex parte Smith[2] — a decision recently designated as being “informative” by the board and that applies the guidance to find computer-related claims to be patent-eligible.

This article analyzes the Smith decision and summarizes findings and insights from reviewing each of the published board decisions that have applied the guidance thus far.

In short, the board panels that have applied the guidance have found over...

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