Fed. Circ. Ruling Shows Novelty's Role In Patent Eligibility

By Braden Katterheinrich and JD Schneider (January 15, 2021, 4:17 PM EST) -- Can a claimed invention be directed toward an abstract idea when the invention is rooted in computer technology and purports to improve technology? According to a recent U.S. Court of Appeals for the Federal Circuit decision, the answer is yes when the purported improvement is not a novel improvement.

Simio LLC v. FlexSim Software Products Inc.[1] is the latest in a string of precedential decisions that consider an invention's novelty in patent eligibility analysis. In short, Simio highlights the role novelty can play in determining whether an invention is directed to an abstract idea and is also informative for winning or...

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