The Inventive Concept in Alice Corp. v. CLS Bank Int'l.
IIC - Int'l Review of Intellectual Property & Competition Law, Vol. 45, 2014, pp. 865-867
4 Pages Posted: 23 Aug 2014 Last revised: 6 Oct 2015
Date Written: August 22, 2014
In its recent patentable subject matter opinion in Alice Corp. v. CLS Bank Int’l, the United States Supreme Court articulated a two-step patent eligibility test that hinges on the presence of an “inventive concept” in the patent claims. This short essay considers the connection between the “inventive concept” requirement in the Alice Corp. test and the requirement of an “inventive step” or non-obviousness requirement for patentability, by relating the Supreme Court’s holding to similar decisions considering patentable subject matter under the European Patent Convention.
Keywords: patent, Supreme Court, Alice Corp., software, business methods, intellectual property
JEL Classification: O31, O32, O33, O34, L86
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