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22-Dec-2017 16:03

However, from 20, the average patent application length increased to over 14,700 words.

Even though the average number of words in patent specifications has been increasing since 2010, the rates of increase are different for the years 2010 to 2014 (the year of ).

Another proposed strategy for ensuring eligibility under the test is to avoid classification into technology center 3600 and/or class 705.

A patent drafter may emphasize technical aspects of an invention in the first independent claim, abstract, and title to ensure classification into a favorable art unit.

Our analysis focuses on patent applications that issued as patents from 2010-2017 to determine whether there have been any noticeable changes in patent language that may be attributed to post-Alice efforts to ensure eligibility under the Alice test.

For example, commenters have proposed increasing the level of detail with which an invention is described in a patent application and including more detail in the claims.

This may be a result of successful patents including increased numbers of benefit statements in patent specifications, thereby enabling patent practitioners to argue that the claims are directed to a technical solution to a technical problem.

Alternatively, this may be a result of issued patents including additional disclosure details, additional fallback positions for prosecution, or additional implementation alternatives.

Patent eligibility is to be determined based on 1) whether the claims at issue are directed to a patent-ineligible concept; and 2) if so, whether the claim’s elements, considered both individually and as an ordered combination, transform the nature of the claims into a patent-eligible invention.

However, strategies by patent practitioners to circumvent this test may limit the test’s effectiveness in the future Since , there has been a sharp drop in allowance rates for patent applications classified into the business method technology center.

For example, commenters have proposed increasing the level of detail with which an invention is described in a patent application and including more detail in the claims.This may be a result of successful patents including increased numbers of benefit statements in patent specifications, thereby enabling patent practitioners to argue that the claims are directed to a technical solution to a technical problem.Alternatively, this may be a result of issued patents including additional disclosure details, additional fallback positions for prosecution, or additional implementation alternatives. Patent eligibility is to be determined based on 1) whether the claims at issue are directed to a patent-ineligible concept; and 2) if so, whether the claim’s elements, considered both individually and as an ordered combination, transform the nature of the claims into a patent-eligible invention.However, strategies by patent practitioners to circumvent this test may limit the test’s effectiveness in the future Since , there has been a sharp drop in allowance rates for patent applications classified into the business method technology center.In addition, for the years from 2015 to 2017 the average number of unique words in the first independent claim increased by approximately 15% (compared to a 19% increase for the years from 2015 to 2017 for the average number of words in the first independent claim).