Analysis

USPTO Patent Eligibility Revamp Expected To Cut Rejections

Law360 (January 4, 2019, 9:52 PM EST) -- The U.S. Patent and Trademark Office released new guidance for examiners on when applications contain patent ineligible material like abstract ideas, a move attorneys say will likely lead to fewer patent applications being rejected on eligibility grounds.

The USPTO said the new system, which takes effect Jan. 7, aims to clarify the patent eligibility analysis because the numerous court decisions on the contentious issue have become "increasingly more difficult for examiners to apply in a predictable manner" and have raised concerns that the office is reaching inconsistent results.

The U.S. Supreme Court has not defined what constitutes a patent-ineligible abstract idea,...

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