That’s Easy! I Can Do That with Pen and Paper!: Why the Mental Steps Doctrine Could Bring an End to Patent Protection for Software

Download Full Text PDF

In August of 2011, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CyberSource v. Retail Decisions that held a piece of computer software as unpatentable because it did not fit any allowable subject matter. This decision was reached through an application of the test for processes to a claim that recited a manufacture. This decision should be reviewed by the Federal Circuit en banc. If it is not reversed, it may bring the subject of software patent eligibility into question.

Marc D. Macenko & Bentley J. Olive, Recent Development, That's Easy! I Can Do That with Pen and Paper!: Why the Mental Steps Doctrine Could Bring an End to Patent Protection for Software, 13 N.C. J.L. & Tech. On. 61 (2011), http://cite.ncjolt.org/13NCJOLTOnlineEd61.

The North Carolina Journal of Law & Technology has adopted the Open Access Program, a part of the Scholar’s Copyright Project created by Science Commons. Authors designate the conditions under which their articles are licensed. By downloading articles, you agree to comply with the license terms specified. Please contact NC JOLT at eic.ncjolt@gmail.com with permissions inquiries.