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

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