Patenting Business Methods and Software in the US
An Article discussing the patent eligibility of software and computer-implemented business methods in the wake of the Supreme Court's decision in Alice Corp. Pty. Ltd. v. CLS Bank Int'l. This Article also includes guidance for patent and litigation counsel on avoiding the abstract idea exception to patent eligibility under 35 U.S.C. § 101.
With the rise of the internet and the proliferation of software-implemented methods and technologies, the question of whether and to what degree software and computer-implemented business methods can be protected by US patents has become one of increasing importance. Earlier this year, the Supreme Court addressed this question in Alice Corp. Pty. Ltd. v. CLS Bank International, the last of a chain of Supreme Court cases on this topic that has spanned a period of more than 40 years (134 S. Ct. 2347 (2014)).