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,[1] that Visual Memory's claims directed to an improved cache memory system recite patent-eligible subject matter under 35 U.S.C. § 101.[2] 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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!