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- Title
ALICE: TUMBLING DOWN THE RABBIT HOLE OF SOFTWARE PATENT ELIGIBILITY.
- Authors
McKinney, David
- Abstract
The decision in Alice was met with great anticipation, and many had hoped that it would delineate the contours of patent eligibility for computer software. Software patent eligibility has had a tumultuous history, riddled with the Supreme Court's misinterpretation and misapplication of precedent. Hence, Congress must amend the definition section patent eligible subject matter, 35 U.S.C. § 101, to include software's eligibility for patent protection under the statutory term "process." Meanwhile, Alice set forth the framework for determining the eligibility of software: (1) does it cover an abstract idea and (2) does it add "significantly more." While a software patent will usually be deemed as covering an abstract idea, there are three factors that will help determine whether the invention adds significantly more: (a) whether the claims are narrow in scope, (b) whether the patent is directed toward a new and unique idea and not simply automating what others have accomplished without the use of a computer, and (c) whether it serves to advance technology.
- Subjects
UNITED States; PATENT suits; COMPUTER software patents; UNITED States. Supreme Court; PATENT law; PATENTABILITY
- Publication
UMKC Law Review, 2015, Vol 84, Issue 1, p261
- ISSN
0047-7575
- Publication type
Article