The article “Assessing 6 Years Of Court And USPTO Alice Interpretations” was written by Michael Kasdan, Nikko Quevada, and Parola Analytics CEO Vincent Violago. This expert analysis was published in Law360 on July 22, 2020.
In its 2014 landmark ruling in Alice Corp. v. CLS Bank International, the U.S. Supreme Court struck down as patent-ineligible CLS Bank’s patents for mitigating settlement risk. At the time, it was widely believed that Supreme Court guidance was needed to help sort out what inventions were patent-eligible and which were not.
As we continue to struggle with a consistent understanding of how to apply the Alice framework, the demarcation between patent-ineligible concepts and patent-eligible applications of concepts remains elusive.
Six years after Alice, it seems a good time to ask: What has been its impact both at the U.S. Patent and Trademark Office and in court, and has that impact changed over time?
We now have a robust set of data to answer these questions.