In 2014, the U.S. Supreme Court issued its opinion in Alice v. CLS Bank, which has reshaped the patent eligibility landscape and led to an unprecedented rate of patent invalidation and application rejection. Patents and patent applications relating to software and other computer-related inventions have been particularly affected. The patent data analytics company Juristat stated in a recent article that, “Overall, only 55% of applicants who receive an Alice rejection on a particular application will ever receive an allowance on the same application.”
However, that same article notes that some patent firms significantly exceed this average, and Juristat identifies Shumaker & Sieffert as 2nd among “Firms with the Highest Alice Allowance Rates,” with an 80.7% allowance rate for patent applications that receive an Alice rejection. With a large concentration of cases in the computing fields, Shumaker & Sieffert attorneys have developed patent application drafting and prosecution strategies with demonstrated effectiveness for overcoming Alice rejections at the U.S. Patent and Trademark Office. These strategies should also be helpful in withstanding § 101 challenges during enforcement.