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ARTICLE · 18 NOVEMBER 2016

Steps "Grounded In Physical Action" Held To Be Non-Abstract

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Patent-eligibility of "physical" claims can be misleading. After all, a general purpose computer is a physical object but does not impart patentability to otherwise unpatentable software claims.

United StatesIntellectual Property
Patrick Muffo
Patrick Muffo
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Patent-eligibility of "physical" claims can be misleading. After all, a general purpose computer is a physical object but does not impart patentability to otherwise unpatentable software claims. In contrast, a physical machine is not invalid for lack of patent-eligibility simply because it includes software. The District of Delaware recently provided some guidance between these two extremes, holding a physical process for creating recycled glass is patent-eligible as not being drawn to an abstract idea.

The case of Green Mountain Glass, LLC v. Saint-Gobain Containers, Inc., Civ. Action No. 14-392-GMS (D. Del. October 11, 2016) involved claims that selected "virgin" glass, determined the percentages of components in the glass, and created recycled glass products from the selected glass. The court analyzed the claims under the Alice framework and found there to be no abstract idea:

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