It may seem odd that more than 220 years after the first U.S. patent statute was enacted, the question, “What can be patented?” remains unsettled. Nonetheless, the question has persisted, especially for computer-implemented methods and “methods of doing business.”
In a pair of decisions issued in July, the U.S. Court of Appeals for the Federal Circuit summarized more than 40 years of precedent from the U.S. Supreme Court and the Federal Circuit (and its predecessor). See CLS Bank Int’l. v. Alice Corp. Pty. Ltd., 103 U.S.P.Q.2d 1297 (Fed. Cir. 2012); Bancorp Services v. Sun Life Assurance Co. of Canada (U.S.), 103 U.S.P.Q.2d 1425 (Fed. Cir 2012). Based on those summaries, the court synthesized new guidelines that may offer practical guidance about the boundaries between subject matter that is and is not eligible for patenting in the fields of computer software and business methods.
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