An abstract idea – by itself – is not patentable.
This basic tenet is found in patent systems all over the world.
However, it turns out to be surprisingly difficult to draw the line
between an abstract idea and an invention that is patentable. This
helps to explain why the United States Patent & Trademark
Office (USPTO) has supplemented examination guidelines concerning
patentable subject matter for the third time in as many years with
its May 2016 Subject Matter Eligiblity Update.
In 2014, the U.S. Supreme Court delivered what is currently the
last word on patentable subject matter. In the case of Alice
Corp v. CLS Bank International (Alice), the Court
confirmed that a two-part test it had set out in a 2012 decision
(Mayo Collaborative Service v. Prometheus Laboratories,
Inc.) was indeed to be used in evaluating all inventions for
patentability. The test requires that patent claims: 1) belong to a
statutory category of invention, such as a process, machine
