Federal Circuit and USPTO Seek to Clarify Business Method Patents

Beginning February 8, the U.S. Court of Appeals for the Federal Circuit will hold an en banc rehearing of CLS Bank International v. Alice Corp. The case focuses on the patentability of computer-related inventions under 35 U.S.C. § 101 and hinges on earlier rulings in Bilski and Mayo. Finnegan partner Erika Arner worked on the 2010 landmark Bilski case in which the Supreme Court eliminated the machine-or-transformation test. She provided commentary on the upcoming CLS Bank case, noting that it is unlikely the court will create a new, unambiguous patentability standard. “Bright minds have tried for decades to come up with a test and I think it’s not possible based on the way our patent law has been written,” she said. Additionally, Arner suggested the court may take up Judge Richard Linn’s recommendation to explore Sections 102, 103, and 112 for patent protection standards.