Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 3

Law360, New York (October 6, 2015, 10:23 AM EDT) -- This is the final part of a three-part article reviewing the decisions in which courts have found various concepts to be abstract ideas, specifically concepts that fall into the category of “an idea of itself.”

By understanding the particular claims at issue in those cases as well as the courts’ reasoning, this article hopes to better equip practitioners and applicants to respond to rejections under § 101 where the USPTO asserts that the pending claims are similar to one of the broad concepts previously held to be abstract.

Part 1 reviewed the cases discussing “collecting and comparing known information,” “obtaining and...

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