Software patents for emerging tech since 2008

Alice and software patents


Here’s a quick question to my US patent practitioner friends.

Do I understand the current application of Alice/Mayo correctly in that it involves:

  • a weighing of the patent-eligible and ineligible parts of the claim?
  • a comparison with the prior art?

At least for me, this court decision says so, doesn’t it?

“Based on this characterization, the court found that “[t]he weight of the claim clearly focuses on a tangible, non-abstract device as the invention which, through the allegedly unconventional combination of components, contains the new and useful feature of notifying the device’s user of independent events through vibration.”


Photo by Annie Spratt on Unsplash

About Bastian Best

Bastian Best

I'm a European patent attorney specializing in software patents and a partner in one of the most renowned IP only firms in Europe.

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