How To Preempt New PTO 101 Rejections

Law360, New York (January 15, 2009, 12:00 AM EST) -- As specialists in the patenting of software-related inventions, we have noticed empirically an aggressive new wave of rejections from the U.S. Patent and Trademark Office (PTO) for lack of statutory subject matter under 35 U.S.C. § 101.

This aggressiveness is exemplified by a recent decision of the Board of Patent Appeals and Interferences (Board), in which the Board went out of its way to devise a new ground of rejection under § 101 even though the appealed rejections were merely for obviousness under 35 U.S.C. §...
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