“7 Non-Alice Considerations For Software Patents”April 26, 2019
On April 26, Law360 published the article “7 Non-Alice Considerations For Software Patents” noting software patents have been challenged as not patentable using Alice since the 2014 Supreme Court decision in Alice Corp. Pty. Ltd. v. CLS Bank International. The article mentions “Analyzing a software patent using an Alice analysis is not straightforward because of these conflicting court opinions and U.S. Patent and Trademark Office guidance.”
The article unpacks seven items that can indicate the likely outcome of patentability challenges when applying Alice to a software patent. These items include but are not limited to claims passing the machine or transformation test, claims solving a specific problem with detail and software claims should do more than exploit the inherent functionality of hardware.