Is This The End of Patent Trolls?
Following the Supreme Court's recent guidance in Alice Corp. v. CLS Bank International, several software patents have been invalidated by the Federal Circuit, and district courts. In Alice Corp., the court set out a two prong validity test. First, whether the subject matter is eligible for a patent; and second, if so, whether the recitation of generic computer components adds something that is not already present when the steps are considered separately? For software patent applicants, Alice Corp. now requires that the method or system 1) improve the functioning of the computer itself, and do more than instruct one to apply the abstract idea on an unspecified generic computer; or 2) effect an improvement in another technology or field.
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