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Law360 quotes David Powsner in “USPTO Examples Show What Passes Muster Under Alice”

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01.27.2015

David J. Powsner, a partner in the firm's Intellectual Property Department, was quoted by Law360 in “USPTO Examples Show What Passes Muster Under Alice” on January 27. The article discusses a list of examples released by the U.S. Patent and Trademark Office (USPTO) applying the U.S. Supreme Court’s Alice decision to hypothetical patents. The list, which includes eight examples (four inventions that the office says are eligible for a patent under Alice and four that are not), illustrates some of the computer-related inventions that can survive challenges under the ruling restricting the eligibility of patents involving abstract ideas. The examples supplement patent eligibility guidelines for examiners that the USPTO released in December.

David notes that one of the main takeaways from the USPTO’s examples is that while inventions that involve technological computer improvements are likely to be found patent eligible, those that claim a computerized method of performing a business method now face “tough row to hoe.” He points out that has been the theme of the Federal Circuit’s post-Alice patent eligibility decisions. The examples “put the patent office even more fully in line with the Federal Circuit’s view,” he said. “From my end as a practitioner and from my client’s end, there is now more predictability.”

To view the article on Law360, click here.

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