My software patent application was rejected as "abstract idea". Main method claim and all its dependent claims could be rephrased a generic business method without use of a computer, but it wouldn't be a practical implementation. If I claim just a business method would it improve my chances?

1 Answer 1


Seems like your patent is rejected based on Alice decision. You can still overcome the rejection and get your patent filed. I recently read a case scenario where an inventor's patent was rejected by saying-

the claims are drawn to an abstract idea

The Applicant made an attempt to overcome the 35 U.S.C. 101 rejections of the claims by arguing that the claims are not drawn to an abstract idea. This was done by pointing out all the other features in the claims that the examiner did not address and include in the rejection summary. And so on going ahead you have to argue a little and hopefully you will succeed. Here's the link of article on full case - HOW TO OVERCOME REJECTIONS BASED ON THE ALICE DECISION Hope it helps.

  • That just confirm the fickleness of whole abstract idea concept. E,g. Digitech had much stronger case and it was still rejected by the court. Actually my question was about rephrasing software method claim as a generic business method, and could it help to overcome Alice.
    – Pol99
    Oct 2, 2015 at 17:17

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