Intellectual Property » Supreme Court Alice Decision Casts Doubt On USPTO Eligibility Guidance

Supreme Court Alice Decision Casts Doubt On USPTO Eligibility Guidance

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June 24, 2014

The Supreme Court’s decision in Alice Corp. v. CLS Bank International, which denied patent eligibility to an abstract idea, revealed that the Court’s thinking is contrary to that of the USPTO’s Subject Matter Eligibility Guidance, writes Courtenay C. Brinckerhoff, attorney with Foley & Lardner. “In Alice, the Supreme Court again cautions against sweeping applications of the judicial exceptions to patent eligibility,” Brinckerhoff says. “When the USPTO reconsiders its Guidance it should take this warning more seriously.”

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