On January 4, 2019, the United States Patent and Trademark Office (USPTO) released new Patent Examiner Guidance (Guidance) for subject matter eligibility. The updated guidance could benefit any technology patent
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James J. DeCarlo
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Patent Eligibility After ‘Alice’
Posted in Patent, Patent Strategy
Nearly every patent practitioner has been impacted by the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S.Ct. 2347 (2014). Alice applied the two-part eligibility…
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Drafting Software Patents After Recent Federal Circuit Decisions
By James J. DeCarlo & Nicholas Martin on
The Federal Circuit recently issued two opinions directly impacting software patent practitioners. Grounded in 35 U.S.C. §112(f) (or pre–American Invents Act §112, para. 6), the cases deal with claims containing…
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