What is the significance of Alice Corp. v. CLS Bank International for patent eligibility?

The Alice Corp. v. CLS Bank International case is a landmark decision that significantly impacted the evaluation of patent eligibility, particularly for computer-implemented inventions. According to MPEP 2106.05(f):

“In Alice Corp. v. CLS Bank International, the claim recited a computer system as a tool for implementing a method of mitigating ‘settlement risk’. The Court concluded that merely requiring generic computer implementation fails to transform the abstract idea into a patent-eligible invention.”

This decision established a two-step framework for determining patent eligibility under 35 U.S.C. 101:

1. Determine whether the claims are directed to a patent-ineligible concept (such as an abstract idea).
2. If so, consider whether the elements of the claim, both individually and as an ordered combination, transform the nature of the claim into a patent-eligible application.

The Alice decision emphasizes that merely implementing an abstract idea on a generic computer is not enough to make it patent-eligible. Instead, the claims must provide something more, such as an improvement in the functioning of the computer itself or a solution to a technological problem.

To learn more:

• Alice Corp. v. CLS Bank International
• patent eligibility
• abstract idea
• computer implementation