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Since June of 2014, Alice has become one of the most feared names in patent prosecution. Rejections citing Alice have multiplied exponentially since then, and they now account for more than 60% of §101 rejections and more than 8% of all rejections, as of our latest analysis.
But Alice rejections aren’t necessarily fatal to an application – and we found the firms to prove it. Which firms are the best at overcoming Alice rejections and getting to an NOA? Read on to find out.
The four years since Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014) have seen thousands of patents invalidated based on its holdings. In an update to our Alice: Three Years On review of the patent landscape, we look to see where Alice has had the greatest impact within the USPTO.
Less than six weeks apart, both Apple and Amazon hit major milestones, reaching $1 trillion in valuation. (Apple on August 2, 2018, and Amazon on September 4, 2018.)
These two tech giants, along with Facebook, Netflix, and Google, are often grouped under the acronym “FAANG,” and are synonymous with rapid growth and innovation. As a group, the five companies command over $3 trillion in market capitalization and hold thousands of patents.
When we think about the technologies that have changed the face of the world and built the modern era, it is impossible to forget or ignore the role of the automotive industry. The automotive industry and the broader sector that it supports defined more than two generations of economic prosperity and mobility in the United States. The automobile in many ways marked the maturity of the industrial age and has since made an indelible mark on our culture and everyday life.
Overcoming rejections is a regular part of a patent prosecutor’s practice. Broadly speaking, there are three main ways to try and overcome an examiner’s rejection: appeal, request for continuing examination (RCE), and interview with the examiner. We have previously looked at how appeals have affected application allowance since 2000, and look now at interviews and RCEs.
Patent professionals are increasingly using data analytics to streamline the pathway from initial filing to notice of allowance. Platforms like Juristat not only help ground strategic decision making prior to and during prosecution, but can also inform strategic decisions that guide business development for firms and counsel selection for patent assignees.