Client Alert: Neal Gerber Eisenberg Leads Nation in Post-Alice Patent Rejection Reversal

Juristat recently released statistics indicating that the patent prosecution team at Neal Gerber Eisenberg leads the nation in helping clients find their way in the post-Alice patent eligibility landscape. Since the landmark 2014 Alice Corp. v. CLS Bank International decision, in which the Supreme Court ruled that an abstract idea cannot be patented if it is merely performed on a computer, the courts and U.S. Patent and Trademark Office have not consistently applied and interpreted this precedent. One thing has been clear—since Alice, rejections of patent applications based on patent eligibility have dramatically increased.

When applicants receive an eligibility rejection that cites Alice, nationally only about 50% are able to overcome the rejection. NGE’s allowance rate, though, is a very impressive 84.6%. Click here to read the brief report.