Playing To Win: The Post-Alice Video Game Patent Landscape

Law360 (March 3, 2020, 1:18 PM EST) -- Playing croquet with live flamingos and hedgehogs is undoubtedly novel, but is it patentable?[1] What if those flamingos and hedgehogs were following instructions processed by a computer? The U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International and its successors may feel like a “very difficult game”[2] of managing a flamingo-mallet to those looking to file new patents in the gaming industry — especially video games.

And like Wonderland’s oft-wandering hedgehog balls, the two-step framework for patent eligibility under Section 101 of the Patent Act sometimes seems fraught with uncertainty in its course and outcome. This article aims to...

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