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CLS Bank v Alice Corp Software United States Patent and Trademark Office

Mintz - Intellectual Property Viewpoints

Is Your Blockchain Invention Patentable?

Blockchain is becoming central to more FinTech patent portfolios than ever – but it’s harder to obtain protection on blockchain than most other technologies. The US Supreme Court’s decision in Alice v. CLS Bank (2014)...more

Fish & Richardson

Patenting Software: A Case Study in Overcoming Alice (Updated)

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In 2014, the United States Supreme Court handed down its decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. 208, which significantly altered the patentability of software, business methods,...more

Knobbe Martens

Trends and Changes in View of the USPTO’s Updated Revised Guidance (Presentation)

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Partner Mauricio Uribe hosted a webinar presenting, "Trends and Changes in View of the USPTO's Updated Revised Guidance." Topics Include: • Summary of the October 2019 Update to the Revised Guidance •...more

Foley & Lardner LLP

The Challenges of Patenting Autonomous Vehicle AI and Software

Foley & Lardner LLP on

There are countless innovations being made for autonomous vehicle components, including for advanced sensors, radar and LiDAR, geolocation, and telecommunications. The automotive industry filed 25k+ patents in 2018 to protect...more

Knobbe Martens

Big Picture on Software Patent Eligibility: The Forces at Work

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Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more

Nutter McClennen & Fish LLP

Protecting Software in the Post-Alice World—Copyright as an Option

The U.S. software industry continues to be an essential part of the national economy, often valued in the hundreds of billions of dollars. By all estimates, steady growth in the value and impact of the software industry will...more

McDonnell Boehnen Hulbert & Berghoff LLP

September Was a Good Month for Patent Eligibility in the District Courts

Anecdotally, there seems to be a loosening up regarding the application of § 101 by the District Courts. The 2014 Supreme Court decision in Alice Corp. v. CLS Bank Int'l has been referred to as sounding a death knell for...more

McDonnell Boehnen Hulbert & Berghoff LLP

Of Technical Tools and Problems: Going Beyond the Two-Prong Alice Test

It is abundantly clear that the Supreme Court's 2014 Alice Corp. v. CLS Bank decision has significantly changed the patent-eligibility landscape for business methods and some types of software inventions. For instance, in...more

Dorsey & Whitney LLP

Federal Circuit Holds District Court Abstractness Analysis Too Abstract for Alice under 35 USC § 101

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Clients in the software space now have stronger arguments for subject matter eligibility, following the Federal Circuit decision in Enfish LLC v. Microsoft Corp. (May 12, 2016). The decision also touches on novelty,...more

Foley & Lardner LLP

Patent Subject Matter Eligibility – Impact on Litigation and Prosecution

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Personalized medicine relies on diagnostic technologies to accurately evaluate a patient’s clinical or genetic signature to guide treatment decisions. Protecting innovation by patenting the diagnostic methods and tools that...more

Burns & Levinson LLP

One Year After Alice

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It has been more than a year since the Supreme Court issued its decision in Alice Corp. Pty, Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014). Although a number of software patents have been invalidated for reciting...more

Carlton Fields

The Status of Business Method Patents

Carlton Fields on

Business method patents have a checkered history. They were once very much in vogue—numerous such patents issued, and many of them were litigated. Then, about two years ago, Congress enacted a special procedure that made it...more

Fenwick & West LLP

The One Year Anniversary: The Aftermath of #AliceStorm

Fenwick & West LLP on

It's been one year since the Supreme Court's decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to "tread carefully" before invalidating patents, and emphasizing that...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 2

In This Issue: - After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation? - When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more

Polsinelli

USPTO Provides Example Patent Eligible Software Claims

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After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract...more

Baker Donelson

Some Patents May Survive Alice and Myriad

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Guidance published by the U.S. Patent and Trademark Office (USPTO) on December 16, 2014 indicates a slight softening in its position regarding patentable subject matter. The patent community has been hard hit in the last few...more

Womble Bond Dickinson

Arguing a Post-Alice §101 “Abstract Idea” Rejection during Patent Prosecution

Womble Bond Dickinson on

Since the Federal and Supreme Court rulings in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., we have seen some issued patents invalidated on the grounds of patent-ineligible subject matter directed to an...more

Mintz

Patentability of Software Post-Alice: How Do Courts Determine Whether an Idea is Abstract?

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Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework. Under Alice, patent claims are invalid if directed to “abstract ideas”...more

Mintz - Intellectual Property Viewpoints

CDCA Court Swims Against the Tide of Software Patent Ineligibility in Caltech v Hughes

Patent applicants from the software and business method fields took notice after the United States Supreme Court issued its opinion in Alice Corporation Pty. Ltd. V. CLS Bank International, et al. (“Alice,” 134 S. Ct. 2347...more

K&L Gates LLP

Patent Office Issues New Examination Guidelines for Subject Matter Eligibility

K&L Gates LLP on

On December 16, 2014, the United States Patent and Trademark Office (PTO) published new guidelines for determining patent eligibility under 35 U.S.C. § 101. These guidelines do not have the force of law, but nevertheless...more

Goodwin

Impact of the Alice V. CLS Bank Decision – A Year-End Review

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The Supreme Court’s Alice Corp. v. CLS Bank Int’l decision has had a significant impact on the prosecution of software-based patent applications, on the institution of 101-based covered business method patent reviews, and on...more

Cooley LLP

Blog: Can You Patent Your Software?

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Emerging companies often ask: “Is my idea patentable?” Many of these ideas relate to software. The patent eligibility of software is again a hot topic in the United States and around the world. Recent developments in US...more

Knobbe Martens

Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle

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In This Presentation: - PATENT ELIGIBLE SUBJECT MATTER: LIFE IN SOFTWARE/IT AFTER ALICE CORPORATION V. CLS BANK (AND OTHER RECENT 101 DECISIONS) - A Brief History with respect to Software and Biz Methods ...more

Carlton Fields

Patent Eligibility of Software

Carlton Fields on

Last year, a deeply divided set of opinions in an en banc Federal Circuit decision left doubt as to whether software programs would remain eligible for patent protection. Recently, the U.S. Supreme Court brought closure by...more

Fenwick & West LLP

What are the Implications of Alice v. CLS?

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While the Supreme Court’s ruling in Alice v. CLS Bank does not mean that software is ineligible for patent protection, the decision leaves many questions on patent eligibility unanswered. In the second video of a two-part...more

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