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Sunjeev S. Sikand, RatnerPrestia (Photo: Courtesy Photo) Sunjeev S. Sikand, RatnerPrestia (Photo: Courtesy Photo)

On Jan. 7, the U.S. Patent Office issued further guidance on the application of 35 U.S.C. Section 112 during examination of computer-implemented functional claim limitations (112 guidance). At the same time, the Patent Office set forth a “practical application” test that relaxes the subject matter eligibility requirement of 35 U.S.C. Section 101 (101 guidance). While subject matter eligibility has been routinely utilized within the past decade by the examining corps to reject patent applications, the 112 guidance issued in tandem with the 101 guidance signals a shift in emphasis.

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