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  • Patent Office Issues New Examiner Guidance on Subject-Matter Eligibility

    By Procopio Partner Pattric J. Rawlins and Attorney Jonathan D. Cheng The U.S. Patent and Trademark Office (USPTO) has issued its highly anticipated guidance on determining when subject matter is ineligible for patenting. The stated goal of this guidance is to promote clarity, consistency, and predictability in how 35 U.S.C. 101 is applied during patent examination. The new guidance supersedes prior guidance and ostensibly makes it more difficult for examiners to reject subject matter ...

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