USPTO Releases Examples of Patent-Eligible and Patent-Ineligible Claims Under Alice

On January 27, the USPTO released examples of claims that it considers to be patent-eligible (four examples) and claims that it considers to be ineligible (four examples) under the abstract idea eligibility analysis set forth in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. These examples are directed to computer-based inventions, explain the USPTO’s analysis in detail, and are intended to supplement the “2014 Interim Guidance on Patent Subject Matter Eligibility” released by the USPTO on December 16. Analogizing to one or more of the claims in the patent-eligible examples and/or distinguishing the claims in the patent-ineligible examples can be an effective strategy for traversing an Alice-based §101 rejection of a claim reciting a computer-implemented invention.