Federal Circuit: Improvements Inherent To Using A Computer, Such As Improved Speed And Efficiency, Do Not Transform An Abstract Idea Into A Patent-Eligible Concept

In deciding patent eligibility of computer-implemented claims, courts consider whether the claims merely implement a generic computer or whether they improve the functioning of the computer itself. The Federal Circuit recently considered this question for patents directed to delivering advertising data to a set-top box. The patent owner argued that its claims improved the system’s ability to store advertising data, transfer data at improved speeds and efficiencies and prevent system inoperability due to insufficient storage. The court, however, decided the claims were patent ineligible because they improve the abstract concept of delivering advertising using a computer only as a tool—they did not improve the functionality of the computer itself.