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ARTICLE · 20 MAY 2020

USPTO Reports Sharp Drop In 101/Alice Rejections Following Recent Initiatives

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The USPTO published a report on April 23, 2020 showing that the Office's recent initiatives on patent-eligible (PE) subject matter (2018 Berkheimer memorandum and 2019 PE Guidance)

United StatesIntellectual Property
Oblon, McClelland, Maier & Neustadt, L.L.P
Oblon, McClelland, Maier & Neustadt, L.L.P
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The USPTO published a report on April 23, 2020 showing that the Office's recent initiatives on patent-eligible (PE) subject matter (2018 Berkheimer memorandum and 2019 PE Guidance) significantly decreased the chances of receiv¬ing a first office action rejection under Section 101/Alice. In the most affected technologies, the reduction was from about 35% in April 2018 to less than 20% in early 2019.

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Originally published Apr 24, 2020.

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