3 Concrete Approaches To Defeat Abstractness

Law360, New York (July 21, 2016, 11:10 AM EDT) -- A.J. Tibbetts

Justin Colannino

Gary Cohen Since the U.S. Supreme Court’s decision in Alice v. CLS Bank, the patent community has been searching for a dividing line between computer-implemented inventions that are eligible for patenting and those that are not. Until recently, the Federal Circuit’s Section 101 jurisprudence has largely provided guidance regarding what not to do, which is of little use to patentees. But a careful analysis of this guidance, together with the Federal Circuit’s recent decisions finding eligible subject matter, reveals three approaches an attentive attorney can draw upon to address patent eligibility challenges.

Alice and the Rise of...

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