Overcoming Subject Matter Rejections: The Berkheimer Shift
By Karam Saab ( August 6, 2018, 1:12 PM EDT) -- Subject matter eligibility rejections under 35 U.S.C. §101 have plagued applicants in numerous technology fields since the U.S. Supreme Court's Alice Corp. v. CLS Bank International decision in 2014.[1] Over the next few years, a bevy of Federal Circuit decisions provided additional fodder for the U.S. Patent and Trademark Office to assert that a wide swath of claimed subject matter was patent-ineligible....
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