October 07, 2019
In an update to our 2016, 2017, and 2018 lists of most difficult examiners at the USPTO, we have identified the 10 patent examiners (excluding SPEs) with the most skeptical eye toward the patent applications that cross their desks.
July 02, 2019
If the first six months of 2019 are any indication, this year will be a year of reform. In June, we marked the fifth anniversary of the Supreme Court’s landmark decision in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014). Far from being settled law, questions of subject matter eligibility have dominated the conversation about patents in the courts, Congress, and the USPTO during...
June 24, 2019
In 2013, the USPTO enacted the After Final Consideration Pilot (AFCP) 2.0 program as an alternative response to a final rejection. The goal of the program was to increase communication between examiners and applicants and take those applications that are close to allowance across the finish line, without requiring the time and cost inevitably associated with an RCE.
June 18, 2019
Over the last two weeks, patent practitioners, former judges, consultants, and law professors have testified in front of the Senate on the subject of patent eligibility law. Here's a recap of the hearings:
March 25, 2019
Due to inconsistent interpretation, preparing for and responding to Alice rejections has become one of the most stressful aspects of patent prosecution. Rejections citing Alice have multiplied exponentially since the initial decision on June 19, 2014, and they now account for more than 60% of §101 rejections and more than 8% of all rejections, as of our latest analysis.
February 07, 2019
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...
January 30, 2019
Class 705 is home to patents for processing business and financial data from big corporations like IBM, MasterCard, and WalMart. It’s also, as it turns out, home to a lot of Alice rejections.
December 20, 2018
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.