Patenting Software-Related Inventions Is Getting Easier

By Malgorzata Kulczycka and Brian Hickman (February 23, 2021, 5:07 PM EST) -- The U.S. Supreme Court's 2014 decision in Alice Corp. v. CLS Bank[1] set a high bar for establishing patent eligibility of software-related inventions. The bar was so high that it discouraged many inventors from pursuing patent protection.

However, the most recent court decisions[2] clearly indicate that some software-related inventions are patent-eligible.

For example, in July 2020, the U.S. Court of Appeals for the Federal Circuit in Packet Intelligence LLC v. Netscout Systems Inc.[3] held that the claims reciting a technical solution to a technical problem and directed to collection, comparison and classification of information were patent-eligible.

Also in 2020, the Federal...

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