Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 1
Law360, New York (October 2, 2015, 11:09 AM EDT) -- The examination of patent claims for subject matter eligibility under 35 U.S.C. § 101 is in a state of flux. Following the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank, Int’l., twice now has the U.S. Patent and Trademark Office published guidance for patent examiners to follow when determining whether claims recite patent-eligible subject matter.
Each new guideline affords new bases for practitioners and applicants to rebut rejections under § 101. The most recent guidance, published in July, includes further information regarding how examiners should identify abstract ideas. One noteworthy new guideline suggests that examiners should not identify a...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!