Tag Archive for patent eligibility

The Alice Drizzle—Barely Even Noticeable

At the end of the year, I took a look at whether Alice really had a significant impact on patents as a whole.  The answer was that Alice simply doesn’t affect that many patent applications.  But several important questions were left unanswered.  I also wanted to know whether the affected applications are really being affected…

The PTO’s § 101 Summary Report

One of the most important developments over the past few years is the Supreme Court’s decision in Alice v. CLS Bank – a decision that articulated a distinction between patent-eligible inventions, and patent-ineligible abstract ideas.  The Alice decision has enabled many companies, including small businesses, to defend themselves from baseless patent infringement lawsuits based on…

Software Patents Will Survive: How Section 101 Law Is Settling Down

(This article first appeared at IPWatchdog.) Software patents have been controversial for decades. The discussion generally centers around whether software is patent-eligible subject matter. Since the Supreme Court’s decisions in Bilski v. Kappos, 130 S.Ct. 3218 (2010); Mayo Collaborative Servs. v. Prometheus Labs, 132 S.Ct. 1289 (2012); Ass’n for Molecular Pathology v. Myriad Genetics, Inc.,…

CLS Bank v. Alice: Don’t Lose Your Head

The patent world was waiting with bated breath for the Federal Circuit’s decision in CLS Bank International v. Alice Corp. At last, we thought, we would have a ruling on when software is patentable and when it isn’t. As you may have heard, we had no such luck when the decision was issued last Friday.…

Schumer Proposes Expansion of Covered Business Method Program

Today Senator Schumer announced a proposal to expand the “covered business method” program instituted at the U.S. Patent and Trademark Office by the 2011 America Invents Act (AIA).  That initiative, which took effect in September of last year, led to new rules to allow threatened businesses to formally challenge the validity of dubious patents before…

“The Black Box is Never Described”: CLS Tries to Teach the Federal Circuit the Difference Between Methods Claims and Systems Claims, and about Abstract Ideas

For those who are interested, a reader has shared a transcript of the oral arguments in CLS Bank v. Alice en banc at the Federal Circuit.  As we have written, a lot is at stake in this case as it takes a deep dive into the eligibility of many software patents.  There are many issues…