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Expert Analysis

Why PTAB 'Step 2B' Reversal Rates Are Falling

By Michael Shepherd ( November 15, 2022, 2:55 PM EST) -- Something surprising has happened with the way the Patent Trial and Appeal Board is deciding ex parte appeals of subject matter eligibility rejections under Section 101 of the Patent Act. Namely, reversals have become vanishingly rare on the second half, the so-called Step 2B part, of the analysis....

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