Referred to as the “patent pit of despair,” TC 3600 was seen for many years as a place where software patent applications went to die due to the extraordinarily high rate of Alice rejections issued. This reputation has waned somewhat due to the USPTO’s 2019 subject matter eligibly guidelines update, which introduced stricter standards for issuing Alice rejections to examiners, but the business methods art units of TC 3600 continue to have allowance rates significantly below the USPTO average. The best strategy for practitioners to avoid an Alice rejection is to carefully draft their claims so as to minimize the chances of assignment to a difficult art unit with the help of big data analytics.
We've written about Alice and it's relationship to TC 3600 before:
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This is part of an ongoing series digging into USPTO metrics. To see all our technology center profiles, click here.