IP Today Guest Article: Supreme Court's Latest Foray into Patentability of ''Abstract'' Ideas Unlikely to Clarify the Legal Landscape


Patentability decisions under Section 101 of the Patent Act from the lower courts have come hot and heavy since the Supreme Court’s decisions on patentability in Bilski v. Kappos in 2010 and then Mayo Collaborative Services v. Prometheus Laboratories, Inc. in 2012. Although the Supreme Court did not intend it, Bilski and Prometheus wrought havoc in the lower courts, with district courts and different Federal Circuit three-judge panels struggling to define patentable subject matter under Section 101 of the Patent Act. The Supreme Court heard oral argument on March 31, 2014 in Alice Corp. v. CLS Bank International, Case No.13-298 in an effort to further clarify rules surrounding patentability of abstract ideas and, specifically, whether the use of a computer in connection with a business method makes an invention eligible for patenting.

Excerpted from IP Today, May 6, 2014. To view full article, click here (subscription required).

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