Friday, April 24, 2020

USPTO - Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank International

The USPTO published a report: Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank International. Here's a link to the Supreme Court's Alice v. CLS Bank decision.

The report indicates that the USPTO has taken measures (e.g., January 2019 Revised Patent Subject Matter Eligibility Guidance, "2019 Guidance") to increase the predictability of determinations of patent eligibility. For example, one year after the 2019 Guidance based on the Federal Circuit's Berkheimer v. HP decision, the likelihood of Alice-affected technologies receiving a first office action with a rejection for patent-ineligible subject matter had decreased by 25%.

This should encourage innovators with software related inventions to consider patenting.

Copyright © 2020 Robert Moll. All rights reserved.