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Update on 101 Rejections at the USPTO: Prospects for Computer-Related Applications Continue to Improve Post-Guidance

IP Watchdog

August 13, 2019

Written by Kate Gaudry and Samuel E. Hayim

The Supreme Court’s 2014 decision in Alice v. CLS Bank made it significantly more difficult to obtain patents for some computer-related technologies. it is, at best, questionable whether court decisions since then have been coherent and consistent. Similarly, marked variation has been observed across art units and across post-Alice time periods as to how examiners are applying Section 101. However, the U.S. Patent and Trademark Office’s (USPTO’s) 2019 Patent Eligibility Guidance added some much-needed clarity and predictability as to how eligibility of computer-related patent applications is being assessed at the agency.

Related People

Kate Gaudry

Partner

Washington, DC

kgaudry@kilpatricktownsend.com

Samuel E. Hayim

Associate

Washington, DC

shayim@kilpatricktownsend.com