Intellectual Property
May 21, 2013
Federal Circuit fails to solve debate on software patentability
In the end, the Federal Circuit judges seem reconciled to the likelihood that the Supreme Court will step in to provide much-needed guidance. By Ben M. Davidson
W hat test should district courts use to decide if a software invention is too "abstract" to be patentable? And should it matter if the patent defines the invention not as a "method," but as a computer system or computer storage medium? These were the questions that the Federal Circuit Court of Appeals set out to decide when it ordered an en banc hearing in CLS Bank International v. Alice Corp., No. 2011-1301. <...
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