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ARTICLE · 06 JANUARY 2020

PTAB Designates As Informative Three Decisions On Obviousness And Patent Eligibility

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The Patent Trial and Appeal Board (PTAB) recently designated three more decisions as informative,...

United StatesIntellectual Property

The Patent Trial and Appeal Board (PTAB) recently designated three more decisions as informative, bringing the total number of informative decisions to 13 for 2019. Two decisions—one final and one on institution—address examples of insufficient rationale for combining prior art references to support obviousness under 35 U.S.C. § 103. The third decision applies the United States Patent and Trademark Office’s (USPTO) 2019 guidance on patent eligibility under 35 U.S.C. § 101 to reverse an examiner rejection, where the Board found that the claimed computer-implemented method was not an abstract idea.

Hulu, LLC v. Sound View Innovations, LLC, Case IPR2018-00582, Paper 34 (Aug. 5, 2019).

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