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THis is nonsense. The USPTO is applying clear POST_ALICE precedent set forth by the Federal Circuit. The USPTO is heavily weighting their guidance to cases an
by hcknwscommenter 6y ago
THis is nonsense. The USPTO is applying clear POST_ALICE precedent set forth by the Federal Circuit. The USPTO is heavily weighting their guidance to cases and fact patterns that the Supreme Court has explicitly denied cert, evidencing that they see no reason to revise the Federal Circuit decision. Alice is still good law. However, an invention that lies in software can be patentable. THe new USPTO guidance provide that (actual guidance) to patent seekers on how to describe and claim their invention so that it actually reads on patentable subject matter. Nearly always (maybe even just always) this results in narrower patents that are restricted to a new and non-obvious specific implementation of the basic concept of the invention. That sounds reasonable to me.