Post-Alice Exam Stats In Software Art Units: A Bleaker Road

Law360, New York (October 3, 2014, 9:39 AM EDT) -- The recent U.S. Supreme Court decision in Alice Corporation Pty. Ltd. v. CLS Bank International involved analysis of 35 U.S.C. 101, which identifies patentable subject matter. In this particular case, the Supreme Court held that the claimed scheme for mitigating settlement risk was not patent-eligible because it was directed to an abstract idea implemented on a generic computer. How this decision will influence subsequent examination of patent applications, in large part, remains to be determined. One particularly interesting question is how this decision will influence examination of software patent applications....

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