Share on LinkedInShare on LinkedIn

ARTICLE · 20 AUGUST 2018

Surviving The Clouds Of Alice Rejections

Khurana & Khurana, Advocates and IP Attorneys
Explore more from Khurana & Khurana, Advocates and IP Attorneys

The Patent Statute of the US defines patentable subject matter as ‘any new and useful process, machine, manufacture, or composition of matter' and any improvements.

IndiaIntellectual Property

The Patent Statute of the US defines patentable subject matter as 'any new and useful process, machine, manufacture, or composition of matter' and any improvements.1 But patent cannot be granted for laws of nature, natural phenomena or abstract ideas. On June 2014, the US Supreme Court's ruling in the Alice Corp. v. CLS Bank sent software patents down the rabbit hole. Essentially, the Court ruled that 'implementing the abstract idea' on a computer does not make it patentable2. To determine whether claims are patent eligible or not, the Supreme Court gave a two-part test- In step 1, the Court has to determine whether the claims are directed to an abstract idea or not; Step two- If the claims are directed to an abstract idea, then the Court determines whether the claims include elements showing an inventive concept that transforms the idea into patent- eligible invention. Within two years of the decision, more than 8400 applications got abandoned while

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from