For the fifth consecutive year, we have surveyed how the Patent Trial and Appeal Board (PTAB) decides appeals of § 101 rejections from examiners. Readers of the previous installments will know the drill by now. Applicants who appeal a subject matter eligibility rejection to the PTAB have historically faced odds somewhere between long and laughable. The affirmance rate was……
By: McDonnell Boehnen Hulbert & Berghoff LLP
By: McDonnell Boehnen Hulbert & Berghoff LLP
