Adventures In Post-Alice Wonderland

Law360, New York (March 25, 2015, 10:22 AM EDT) -- In Alice Corp. Pty Ltd. v. CLS Bank Int'l, the U.S. Supreme Court described a "101 test" for determining the subject matter eligibility of a patent claim.[1] The described 101 test includes two prongs: (1) determining whether the claim is directed to an abstract idea; and (2) if an abstract idea is present in the claim, determining whether any element or combination of elements in the claim is sufficient to ensure that the claim amounts to significantly more than the abstract idea.[2] If no such element or combination of elements is found by applying the second prong, the claim is deemed patent ineligible....

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