Pillsbury Intellectual Property partner Drew Schulte discusses patent eligibility and explains how to overcome subject matter eligibility rejections in the U.S. using examiner interviews.

“As we near the seventh anniversary of the Supreme Court of the U.S.’ decision in Alice Corp v CLS Bank International, we can compare the state of subject matter eligibility to the state of obviousness following KSR Int’l Co v Teleflex Inc, which occurred seven years prior to Alice. Both decisions seemingly introduced additional subjectivity into their respective subject matters despite having the intention to provide more objectivity. Alice introduced the two-part test, which quickly gained complexity through additional sub-part (ie, ‘step 2A’ and ‘step 2B’), and sub-parts to the sub-parts (ie, ‘step 2A Prong 1’ and ‘step 2A Prong 2’).”

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