The U.S. Supreme Court ruled on Thursday, June 19, that computerized abstract ideas are not eligible to receive patents. Finnegan partner Linda J. Thayer discussed the significance of the decision in Alice Corp. Pty Ltd. v. CLS Bank International. “In rejecting the method claims, the court reiterated the framework set forth in Mayo, namely, a two-step process involving determining whether claims are directed to one of those patent-ineligible concepts and if not, searching for an ‘inventive concept.’ The decision reaffirms the court’s guidance in Bilski and Mayo, and does not represent a change in course. Since Bilski, it had been more difficult to gain allowance of business method patents, and easier to obtain invalidation of such claims in litigation. This decision should not change that. Software inventions that improve the functioning of the computer itself will continue to be patentable.” said Thayer.
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