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Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.

Tagged eligibility · clear

USTPO Releases Proposed Revised Section 101 Eligibility Guidelines

On January 7th, the Patent Office released proposed revised s. 101 eligibility examination guidelines for public comment. The proposed Guidelines would supersede MPEP 2016.04(II), the section that controls the analysis conducted at step 2A of the…

January 8, 2019Patent Prosecution5 min read

Steps Grounded in Physical Action Held to Be Non Abstract

Patent-eligibility of “physical” claims can be misleading. After all, a general purpose computer is a physical object but does not impart patentability to otherwise unpatentable software claims. In contrast, a physical machine is not invalid…

November 16, 2016Patent Prosecution2 min read