With an effort led by partner Kevin Soules, Loza & Loza LLP obtained a favorable decision for Xerox Corporation before the Patent Trial and Appeal Board (PTAB). The PTAB reversed an examiner’s rejection under 35 U.S.C. § 101, of claims for Xerox’s patent application 12/869,204 for document workflow management software systems.
Rejections of patents under § 101 have been difficult to overcome, in light of the Supreme Court’s 2014 decision in Alice v. CLS Bank which ruled that abstract ideas do not become eligible for patent simply by being implemented on a computer. Our firm has experience drafting software patents and handling issues related to 101 rejections under the “Alice” ruling. If drafted correctly, software-based technology can still be eligible for patent.
Click here to download PTAB decision 2017006285.