Alice at Five

2019 Patently-O Patent Law Journal 25

68 Pages Posted: 7 Oct 2019 Last revised: 4 Nov 2019

See all articles by Jasper L. Tran

Jasper L. Tran

Harvard Business School

J. Sean Benevento

George Washington University Law School

Date Written: 2019

Abstract

This paper updates the statistics on the five years after Alice v. CLS Bank and discusses 19 Federal Circuit cases (including their exemplary patent claims) that found eligibility upon Alice challenges. The Alice invalidation rate at the Federal Circuit and district courts has lowered over time, averaging cumulatively 56.2% at its near-five-year mark.

Keywords: Alice v. CLS Bank, empirical, statistics, patent, intellectual property, law, software patent, computer-implemented invention

JEL Classification: K00, K10, K19, K20, K29, K30, K39, K40, K41, K49

Suggested Citation

Tran, Jasper and Benevento, J. Sean, Alice at Five (2019). 2019 Patently-O Patent Law Journal 25, Available at SSRN: https://ssrn.com/abstract=3454922

Jasper Tran (Contact Author)

Harvard Business School ( email )

Soldiers Field
Boston, MA 02163
United States

J. Sean Benevento

George Washington University Law School

2000 H St NW, Washington
Washington, DC 20052
United States

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