Patent eligibility for software – Fractured Federal Circuit provides little clarity

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Abstract: Many have understandably been befuddled by the sometimes conflicting recent court decisions regarding the patent eligibility of computer-implemented inventions. Unfortunately, the 135-page decision from the U.S. Court of Appeals for the Federal Circuit in CLS Bank Int’l v. Alice Corp. Pty. Ltd. provides little clarity. This article discusses the divided opinions among the 10 judges, who produced six opinions as well as conflicting tests for patent eligibility. Given this uncertainty, a sidebar suggests how it might be best to proceed when drafting patent claims. CLS Bank Int’l v. Alice Corp. Pty. Ltd., 2011-1301, May 10, 2013 (Fed. Cir.)