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Getting to Eligible or How to Stop Worrying and Love the Prima Facie Case

By Christopher C. Johns on December 1, 2015
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The Alice Corp. decision and its progeny have been wreaking havoc at the USPTO. In addition to increasing costs, it has cast a shadow on our patent system. Innovators are seemingly unable to get patents without jumping through the ill‑defined “abstract idea/significantly more” hoop. Worse still, if your application ends up classified as a Business Method application, you could face a never‑ending string of § 101 rejections for the time being. Clearly, new approaches are needed to get past perfunctory rejections that dismiss claims as mere abstractions.

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  • Posted in:
    Intellectual Property
  • Blog:
    Prosecution First Blog
  • Organization:
    Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Article: View Original Source

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