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Patent Eligibility Assessments: US Approach Vs. UK Approach

By Christopher Carroll and Charles Larsen ( July 3, 2018, 12:53 PM EDT) -- This article explores similarities between patent eligibility assessments in the U.S. and U.K. with a goal of identifying modes of analysis that can be used to achieve greater success in attacking and defending claims. In fact, the Alice/Mayo two-part test is remarkably similar to a hybrid of the U.K.'s technical effect and Pozzoli/Windsurfing approaches. In view of these similarities, U.S. practitioners may consider applying the U.K.'s inventive step analysis to address patent eligibility issues in the U.S....

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