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Expert Analysis

4 Tips For Overcoming 'Abstract Idea' Rejection

Law360, New York ( October 5, 2016, 12:16 PM EDT) -- The case law has been pretty brutal for patent owners and patent applicants as of late regarding 35 U. S. C. §101 abstract idea rejections for computer-based inventions. However, there have been a few Federal Circuit cases that have provided a little hope and guidance for trying to overcome such rejections, if you are unfortunate enough to get one in the future. Absent a computer-based invention that improves the operability of the computer itself or that improves an existing technological process, such as the Enfish self-referential database that improves the operability of a computer, provided below are a few things that may improve your chances before a U. S. patent examiner. . . .

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