Perspective
Aug. 18, 2016
Applying Alice: Summer 2016 in review
This summer has seen the Federal Circuit provide clarity on the bounds of patent-eligible subject matter, and in the upcoming months the court is likely to provide even more guidance.By Kyle St. James
In Alice Corp. v. CLS Bank International, the U.S. Supreme Court considered the bounds of patent-eligible subject matter. The court set forth a two-step analysis (the "Alice analysis") to determine whether a patent claim is directed toward patent-eligible subject matter. The first step looks at whether the patent claim at issue is directed to a patent-ineligible concept. If so, the court then considers whether the elemen...
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