Posts Tagged: CLS Bank


Why the Supreme Court in the CLS Bank v. Alice Case Should Not Answer the Question on Computer-Implemented Invention

Article written by Martin Goetz... Over the years the term “software” has been terribly abused when a patent application has a computer in its specifications. We hear …
By Martin Goetz
7 years ago 76

What is a Computer?

A computer is, at a fundamental level, simply a clump of electrical switches each of which are in either an on or an off position. Whether and …
By John White
7 years ago 72

How to Draft Software Patent Claims After CLS Bank

We’ve got a couple cases following CLS Bank that give us clues as to what a computer-related claim should look like post-CLS Bank. In the Ultramercial …
By Dolly Krishnaswamy
7 years ago 8

Is 35 USC 101 Judged by the Claims?

This section does not say anything about the claims and while the claims define the invention they are not the invention. To suggest otherwise is to confuse …
By Dale B. Halling
7 years ago 70

USPTO: No Change to Software Patentability Evaluation

In a one-page memorandum to the Patent Examining Corps dated May 13, 2013, Deputy Commissioner for Patent Examination Policy Drew Hirshfeld had a simple message to respond to the …
By Gene Quinn
7 years ago 10

The Alice in Wonderland En Banc Decision by the Federal Circuit in CLS Bank v. Alice Corp

All the Judges rely on the same Supreme Court precedents in Gottschalk v Benson, Parker v. Flook, Diamond v. Diehr, Bilski v. Kappos, and Mayo v. Prometheus. …
By John Kong
7 years ago 22

Did the Federal Circuit Ignore the Supreme Court in CLS Bank?

While the Supreme Court has done away with the "useful, concrete and tangible result" test from State Street Bank v. Signature Financial, in Bilski v. Kappos, 8 out …
By Gene Quinn
7 years ago 29

5 CAFC Judges Say Computers Patentable, Not Software

Perpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, …
By Gene Quinn
7 years ago 17

Federal Circuit Nightmare in CLS Bank v. Alice Corp.

The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the …
By Gene Quinn
7 years ago 355

Industry Insiders Reflect on Biggest Moments in IP for 2012

For this inaugural edition of ?Biggest Moments in IP? we have a variety of reflections on a wide array of IP issues. Former Commissioner for Patents Bob …
By Gene Quinn
8 years ago 2

CLS Bank v Alice – Federal Circuit Orders en banc Rehearing

It is arguable that neither view is beyond criticism and that any emergent legal test as to patent-eligibility demands further development. There is much to commend the …
By Paul Cole
8 years ago 9

Business Methods (and Software) are Still Patentable!

For at least the past 15 years, the legal, technical and academic communities have been debating the patentability of business methods and software. Despite much negative press ink, …
By Raymond Millien
8 years ago 4

CLS Bank v. Alice Corporation Reveals “A House Divided”

The decision of the Supreme Court in Prometheus has been predicted to have implications for business method patentability, but the decision in what will surely become known …
By Paul Cole
8 years ago 30

CLS Bank International: A Fractured Landscape of Patent Eligibility for Business Methods and Systems*

These polar opposite decisions in CyberSource and Ultramercial illustrate how fractured the Federal Circuit’s patent-eligibility landscape has now become for business methods and systems. The most …
By Eric Guttag
8 years ago 28