Alice at Five
2019 Patently-O Patent Law Journal 25
68 Pages Posted: 7 Oct 2019 Last revised: 4 Nov 2019
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: Suggested Citation