Alice-Proofing Your Patent Specifications

By Drew Schulte (June 18, 2018, 12:50 PM EDT) -- Four years after the U.S. Supreme Court shook the patent world with its string of subject matter eligibility cases, the U.S. patent system still lacks firm footing on what constitutes patent eligible subject matter. While the court's decision in Alice Corp. Pty. Ltd. v. CLS Bank International[1] gave rise to the two-part test for subject matter eligibility, the actual implementation of this test, and guidance on how to meet it, was left to the U.S. Court of Appeals for the Federal Circuit.

In numerous cases, the Federal Circuit has addressed this issue. However, instead of focusing solely on the claims, the...

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