In the wake of the Supreme Court’s recent Alice decision, the U.S. Patent Office cautioned its examiners that the case “neither creates a per se excluded category of subject matter, such as software . . . , nor imposes any special requirements for [the] eligibility of software.” However, this instruction was not sufficient to stop a flood of subject matter eligibility rejections, under the Alice framework, directed toward software and computer-implemented applications.  Joining that flood is “a wave of decisions finding software patents ineligible.”  California Institute of Technology v. Hughes Communications, Inc., No. 2:13-cv-7245, (C.D. Cal. Nov. 3, 2014).

Practitioners and Inventors alike are left to wonder what the future holds for the patent eligibility of software and computer-implemented inventions. The purpose of this blog is to keep its readers abreast of patent law developments in this area as the uncertain future unfolds.

Disclaimer: The information provided herein is intended only as general information which may or may not reflect the most current legal developments. This communication should not be construed as legal advice or an opinion on specific situations.
© 2016 Michael Best & Friedrich LLP. All rights reserved.

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