Tips For Drafting Patents That Won't Need Alice Step 2
By Phillip Articola (September 15, 2017, 12:12 PM EDT) -- In Visual Memory v. Nvidia Corporation, decided Aug. 15, 2017, the Federal Circuit held, in a 2-1 decision, that Visual Memory's claims directed to an improved cache memory system recite patent-eligible subject matter under 35 U.S.C. § 101. Based on the rationale in that case, as well as other cases in which the Federal Circuit has found software-related claims to recite patent-eligible subject matter under 35 U.S.C. § 101, a patent application drafter can improve the chances that claims he/she writes pass muster under step one of the Alice two-step patent-eligibility test, thereby not requiring an analysis of the claims under...
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