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USPTO Welcomes Back Software Innovations with its New 101 Guidelines.

The new guidelines are very favorable to patent applicants. In my practice, I am seeing many Examiners withdrawing their 101 rejections. It appears that the Patent Trial and Appeal Board (PTAB) is following suit and increasingly reversing previously issued 101 rejections based on the new guidelines. I believe this trend will continue and we will see an easier and a more predictable path toward allowance for software innovations. There was much need for clarity in dealing with 101 issues and it appears that clarity has finally arrived. 

About the Author

Babak Akhlaghi is an adjunct professor at University of Maryland, where he teaches legal aspects of entrepreneurship. Babak is also a registered patent attorney and the Managing Director at NovoTech Patent Firm, where he assists inventors in protecting and monetizing their inventions. He is also a co-author of the "Patent Applications Handbook," which has been updated and published annually by West Publications (Clark Boardman Division) since 1992. One of his distinguished accomplishments involves guiding a startup through the patent application process, which led to substantial licensing opportunities that significantly enhanced the company's strategic value.

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