May 12, 2017
Volume 16, Issue 4
While Alice v. CLS Bank has confirmed that patent claims require a further “inventive concept” beyond an underlying abstract idea or law of nature for patent-eligibility, there is little agreement on what defines either an “abstract idea” or an “inventive concept.” Resolving this uncertainty is critical to determining the patent-eligibility of software claims beyond the
Jeffey A. Lefstin, The Three Faces of Prometheus: A Post-Alice Jurisprudence of Abstractions, 16 N.C.J.L. & Tech. 647 (2015), available at http://ncjolt.org/wp-content/uploads/2015/07/Lefstin_Final.pdf.
The Alice Court’s characterization of computer programming has effectively repudiated, inter alia, the doctrine that programming a general-purpose computer creates a patent-eligible “new machine.” This Article revisits In re Bernhart, the first holding based on the “new machine” principle, concluding that the Court of Customs and Patent Appeals committed a category mistake in conducting its
Andrew Chin, Ghost in the "New Machine": How Alice Exposed Software Patenting's Category Mistake, 16 N.C.J.L. & Tech. 623 (2015), available at http://ncjolt.org/wp-content/uploads/2015/07/Chin_Final.pdf.
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