Supreme Court Set to Hear Patent Eligibility Arguments in Alice v. CLS Bank | Practical Law

Supreme Court Set to Hear Patent Eligibility Arguments in Alice v. CLS Bank | Practical Law

A preview of the March 31, 2014 oral argument before the US Supreme Court in Alice Corp. v. CLS Bank International, including the key issue of whether computer-implemented inventions are patent eligible under 35 U.S.C. § 101.

Supreme Court Set to Hear Patent Eligibility Arguments in Alice v. CLS Bank

Practical Law Legal Update 0-561-9572 (Approx. 3 pages)

Supreme Court Set to Hear Patent Eligibility Arguments in Alice v. CLS Bank

by Practical Law Intellectual Property & Technology
Published on 25 Mar 2014USA (National/Federal)
A preview of the March 31, 2014 oral argument before the US Supreme Court in Alice Corp. v. CLS Bank International, including the key issue of whether computer-implemented inventions are patent eligible under 35 U.S.C. § 101.
On March 31, 2014, the Supreme Court of the United States will hear oral argument in Alice Corp. v. CLS Bank International. The question presented by petitioner Alice is:
"Whether claims to computer-implemented inventions, including claims to systems and machines, processes, and items of manufacture, are directed to patent-eligible subject matter within the meaning of 35 U.S.C. § 101 as interpreted by this Court."
In this closely watched case, the Supreme Court is expected to provide much-needed clarification in the area of patent eligibility for computer-implemented inventions, following the US Court of Appeals for the Federal Circuit's per curiam decision affirming the district court's determination that Alice's patent claims are not directed to patent-eligible subject matter (CLS Bank Int'l v. Alice Corp, 717 F.3d 1269 (May 10, 2013)). In particular, the Supreme Court will consider the viability and scope of the abstract ideas exception to patent eligibility.
The Supreme Court's decision in this case, which is expected by the end of June 2014, has the potential to drastically change how computer-implemented inventions are handled in the industry, before the United States Patent and Trademark Office and in the courts.
For a full discussion of the history of the case, including a summary of the arguments raised by the parties and the many amicus curiae, see Practice Note, In Dispute: CLS Bank International v. Alice Corporation.