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.”
P.S.: This was just the tip of the iceberg. If you want more, get on my email list. I usually write an update every two weeks or so – it features inside knowledge and practical tips on European software patents. You can subscribe here.