Fed. Circ. Debates Eligibility Standards For Software Patents

Law360, Washington (February 08, 2013, 7:28 PM ET) -- An en banc Federal Circuit panel on Friday debated what standards it should use to determine if software and computer-based inventions are unpatentable, questioning how inextricably bound the computer must be to the underlying invention to qualify for patent protection.

The court's desire to set a test for determining whether a computer-implemented invention is patent-eligible arose from CLS Bank International's challenge to Alice Corp. Pty. Ltd.'s computerized trading platform patents, which CLS alleged are too abstract to be patented.

But Judge Kimberly A. Moore voiced concern...
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