Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Entire DC Network
Finding The Point Of Novelty In Software Patents, Bernard Chao
Finding The Point Of Novelty In Software Patents, Bernard Chao
Sturm College of Law: Faculty Scholarship
The issue of patentable subject matter eligibility is in considerable flux. In 2012, the Supreme Court set forth a confusing new framework for determining patent eligibility. The decision in Mayo v. Prometheus cast serious doubt on the continued viability of many software patents. Indeed, a split quickly emerged in the Federal Circuit. As a result, it was unclear whether adding computer limitations to an otherwise unpatentable concept somehow renders the concept patent-eligible. In an attempt to settle this question, the Federal Circuit granted a petition to rehear the issue en banc. But in CLS Bank Int’l v. Alice Corp., the …