This article is the third installment of a three-part series examining the USPTO’s Interim Guidance on Patent Subject Matter Eligibility.
The first two installments review the Interim Guidelines’ implementation of the Supreme Court’s two-part test for determining patent eligibility, and examples published by the USPTO showing how the Interim Guidelines may be applied to sample patent applications. Now, we will review a pending patent application that received a Section 101 rejection, and how the applicants overcame the rejection, to glean strategies for navigating patent eligibility rejections in view of the Interim Guidelines.
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