Intellectual Property » Bust For Blackjack Innovator

Bust For Blackjack Innovator

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March 16, 2016

The USPTO’s denial of a patent on a new way to bet on Blackjack, which required a specific pattern of shuffling and dealing, has been upheld by the Federal Circuit. The patent examiner, the appeals board of the Patent Office and the court were all in agreement that shuffling and dealing are conventional elements of card-gambling, and insufficient to transform the claimed abstract idea into a patent eligible invention. The court found the claim analogous to economic practices that the Supreme Court held to be abstract ideas in Alice and Bilski.

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