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“Cooking with Alice: A Recipe for Responding to § 101 ‘Abstract Idea’ Rejections”

By: Associate Greg Gerstenzang 

Published in the BPLA Newsletter 

In last year’s decision in Alice Corporation v. CLS Bank International, 573 U.S. ____ (2014) (“Alice”), the Court held that claims directed to abstract ideas without more should be rejected under 35 U.S.C. § 101.  Since this decision, the number of patent applications directed to computer based methods that have had claims rejected under § 101 as allegedly directed to “abstract ideas” has skyrocketed.  Applicants have had little luck having these rejections overturned on appeal to the Patent Trial and Appeal Board (PTAB), with the vast majority of applications having  § 101 rejections appealed to the PTAB affirmed as being invalid under § 101.

Read the full article published in the Fall 2015 edition of the BPLA Newsletter 


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