Sunday, September 27, 2015

Statistics on the use of 101 at PTAB from IPWatchdog

In a post titled PTAB Wonderland: Statistics show Alice PTAB interpretation not favorable to patent applicants , IPWatchdog concludes

Overall, the above statistics provide a depressing prognosis for those who are hoping that the PTAB will overturn an examiner’s § 101 rejection (even when the examiner did not apply Alice) based on the PTAB’s current application of Alice. Moreover, while we identified no PTAB decisions that have been issued based on the examiner applying Alice during prosecution, the PTAB’s current trends strongly suggest that successfully appealing such a rejection in the future will be challenging. As a result, filing an appeal to the PTAB is no sure escape from Alice’s not-so-wonderful wonderland.

The word "wonderland" appears only in the title and in the conclusion. One suspects the use of "wonderland" is not favorable to PTAB.


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