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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

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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