Alice in IP-Land: Tumbling Down the Rabbit Hole of Patent Protection

One of the most monumental Supreme Court cases in patent law is Alice Corp. v. CLS Bank International (“Alice”). In a nutshell, Alice involves whether computer-related subject matter is patent eligible. Last year, the United States Supreme Court held that Alice Corp. should not have been granted a patent by the United States Patent and Trademark Office (USPTO). Following the Court’s decision to invalidate Alice Corp.’s patent, the USPTO issued Interim Guidance on Patent Subject Matter Eligibility and examples of abstract ideas to help inventors, applicants, and attorneys understand how a USPTO patent examiner would analyze a patent application and determine whether the subject matter of the application was patent eligible. However, there was still confusion regarding what subject matter could be patented. 

Learn the most updated methods to determine subject matter eligibility. Read more about Patent Protection.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.