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Expert Analysis

A Patentability Test For Computer-Implemented Inventions

Law360, New York (December 13, 2012, 2:54 PM EST) -- The Federal Circuit applied a new standard for determining whether an invention is patentable under 35 U.S.C § 101 in CLS Bank International v. Alice Corp., 685 F.3d 1341 (Fed. Cir. 2012). The test requires a finding that an invention is patentable unless it is "manifestly evident" that the claims are ineligible under § 101. This standard is contrary to U.S. Supreme Court precedent and deviates from a line of post-Bilski Federal Circuit decisions. The holding in CLS also conflicts with a Federal Circuit opinion that issued just one week later. See Bancorp Services LLC v. Sun Life Assurance Company of Canada (U.S.), 687 F.3d 1266 (Fed. Cir. 2012)....

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