August 2016

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Introduction Until recently, DDR Holdings v., Fed. Cir. 2014, was the only United States Court of Appeals for the Federal Circuit decision to uphold the validity of computer implemented patent claims since the Supreme Court’s decision in Alice Corp. v. CLS Bank,  S. Ct. 2014. Recently, there have been two further cases which have allowed computer implemented patent claims and so help indicate what might be allowable in the U.S. The current test, outlined in Alice, for establishing whether a computer implemented invention is patentable is as follows: Determine whether the claims at issue are directed to a patent ineligible concept (e.g. an abstractRead More →