5 Tips For Responding To Alice Patent Eligibility Rejections

By Roberta Young (December 2, 2020, 4:03 PM EST) -- Ever since the 2014 U.S. Supreme Court decision Alice Corp. v. CLS Bank International, patent prosecutors have wondered if federal district courts and others have fallen into the rabbit hole or are looking through the looking glass when ruling on patent eligibility.

The Alice decision provided a two-part test for determining patent eligibility:

1. Are the claims directed to a patent-ineligible concept, such as an abstract idea?

2. If so, the court should consider whether the claims' other elements transform the claim into a patent-eligible concept.[1]

In response to Alice, the U.S. Patent and Trademark Office has issued numerous recommendations, which...

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