07.2015

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Articles

In 2014, the question of whether business method and software patents constitute patentable subject matter climaxed with the Supreme Court’s 2014 decision in Alice v. CLS Bank. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). Consistent with its prior ruling in Bilski, the Court affirmed that the asserted patent claims were unpatentable. One of the significant takeaways from Alice lies in its firm assertion of a two-part test for analyzing § 101 claims. Id. at 2355. Shortly after Alice, federal courts and the U.S. Patent and Trademark Office began invalidating business-method patents in droves. Click here to read the full article.