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Expert Analysis

Finding Eligible Subject Matter For Business Methods

By Matthew Grady and Ed Russavage (September 18, 2017, 1:33 PM EDT) -- Contrary to popular belief, even after Alice Corp. v. CLS Bank International, business methods are still patentable. In fact, the label of "business method" is somewhat of a misnomer. Art units at the U.S. Patent and Trademark Office that examine such patent applications cover, for example, electronic commerce and many other technically grounded fields. In spite of the inherent technical features of these fields, practitioners have become frustrated with the USPTO's refusal to recognize technical implementation in patent applications assigned to business method art units....

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