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Legal Commentary

: LawPundit

Computer-implemented Claims Continue to be Rejected by USPTO Board of Patent Appeals and Interferences

By Andis Kaulins

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Computer-implemented Claims Continue to be Rejected by USPTO Board of Patent Appeals and Interferences

As written by Eric M Shelton of McDermott Will & Emery:

"In a decision applying the Bilski ?machine-or-transformation test? (see IP Update, Vol. 11, No. 11), the U.S. Patent and Trademark Office?s Board of Patent Appeals and Interferences (the Board) continued its practice of invalidating computer implemented method claims under § 101. Ex parte Gutta, Appeal No. 2008-3000 (BPAI, Jan. 15, 2010) (Pate, III, APJ)." [link added]
. . .

Practice Note: The U.S. Patent and Trademark Office (USPTO) recently issued guidelines for examination under § 101 (see IP Update, Vol. 12, No. 9 )."

Read Shelton's analysis here.


Full post as published by LawPundit on February 15, 2010 (boomark / email).

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