Software Patents: A One-Year Review of Alice v. CLS Bank

Journal of the Patent and Trademark Office Society, Vol. 97, p. 532, 2015

21 Pages Posted: 19 Jun 2015 Last revised: 26 Sep 2016

See all articles by Jasper Tran

Jasper Tran

University of Minnesota Law School

Date Written: June 20, 2015

Abstract

This Article investigates Alice's effects at its one-year anniversary by reviewing how the courts, namely the PTAB, district courts and the Federal Circuit, have applied Alice since its issuance. As of June 19, 2015, Alice was cited in 198 PTAB decisions, 63 district court decisions, and 11 Federal Circuit opinions, in a total of 272 court cases, to invalidate patents under § 101 -- totally 286 invalidations out of 345 patents or patent applications appeared before the courts at an average invalidation rate of 82.9%.

This Article estimates that -- without accounting for selection bias -- out of roughly 240,000 current patents in force related to computer-implemented inventions as of 2015, about 199,000 of those would likely be invalid patents under Alice, leaving about 41,000 valid patents.

I also did a two-year review of Alice in Journal of the Patent and Trademark Office Society, Vol. 98, p.354, 2016, available at http://ssrn.com/abstract=2798992.

Keywords: Alice v. CLS Bank, empirical, data, one-year, 1-year review, software patent, computer-implemented invention

Suggested Citation

Tran, Jasper, Software Patents: A One-Year Review of Alice v. CLS Bank (June 20, 2015). Journal of the Patent and Trademark Office Society, Vol. 97, p. 532, 2015. Available at SSRN: https://ssrn.com/abstract=2619388

Jasper Tran (Contact Author)

University of Minnesota Law School ( email )

420 Delaware St. SE
Minneapolis, MN 55455
United States

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