Thursday, June 19, 2014

Supreme Court Upholds Denial of Patents Under 101

It's unpatentable, Alice.  UNPATENTABLE!!

Today the Supreme Court, in a mildly surprising break from their recent trend of reflexively reversing the Federal Circuit, issued an opinion upholding the appellate court's denial of Alice Corp.'s business method patent claims on the grounds that they are directed to a "patent-ineligible abstract idea" and thereby unpatentable under 35 USC 101.  Decision here.   Analysis to follow.

UPDATE
Ok, the decision is not that interesting, except that, in a concurrence Sotomayor, Breyer, and Ginsburg indicate that they would dump business method claims completely.  This is a step that the other six justices were apparently not ready to take at the moment.  Since Sotomayor is the only one of the "young" justices who feels that way, it seems clear that we're not going to get rid of business method claims anytime soon.  Now all we need are some clear rules for drafting them. 


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