Understanding Alice: Step 1 Of Mayo Analysis At PTAB

Law360, New York (October 17, 2014, 10:27 AM EDT) -- While the United States Patent and Trademark Office and patent practitioners continue to grapple with the U.S. Supreme Court’s Alice v. CLS Bank decision, last month two panels of the Patent Trial and Appeal Board issued decisions in covered business method patent reviews that illustrate very different approaches to the Section 101 inquiry. Four months after Alice, and two years after Mayo — the decision that announced the new two-step inquiry applicable to all three judicial exclusions — the application of the abstract ideas doctrine remains elusive.

A major challenge is that the first prong of the Mayo inquiry (i.e., “Is the claim...

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