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.
Assessing 6 Years of Court And USPTO Alice Interpretations
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.