Tag Archives: Alice/Mayo Test

Playing a Straight Bat: How to Survive a Section 101 Sticky Wicket at the USPTO

What do cricket legends like Imran Khan, Sir Don Bradman, Sachin Tendulkar, Sir Garfield Sobers, Sir Viv Richards, Shane Warne, Brian Lara, Jacques Kallis, Muttiah Muralitharan, and Wasim Akram have to do with surviving a 35 U.S.C. § 101 (“Section 101”) rejection? At first glance, absolutely nothing. But spend enough time at the crease of … Continue Reading

Patent Office Memo to Examiners Gives Insight For Patenting Software Inventions

On August 4, the Deputy Commissioner of Patents issued a memorandum to Examiners on evaluation of claims in software-implemented inventions for subject matter eligibility under Section 101. While the memorandum does not fundamentally change the USPTO’s guidance published in the MPEP, the memorandum does provide useful clues as to how the USPTO and the Examining … Continue Reading
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