“7 Non-Alice Considerations For Software Patents”April 26, 2019
In an article published in Law360 on April 26, Joseph A. Saltiel discusses seven non-Alice items that must be considered for software patents.
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. “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,” explains Saltiel.
Saltiel 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.