Written By: H. Lucy Song for The Daily Record
Software solutions are increasingly implemented in place of human activities, but patenting this type of software can be challenging, especially in view of the Supreme Court’s decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. 134 S. Ct. 2347, 110U.S.P.Q.2d 1976 (2014). Although that particular decision left little hope for patenting software solutions implemented in place of human activity, because the subject matter can be quickly dismissed in a cursory analysis as an abstract mental process, newer applications of this case by the Federal Circuit and updates of the patent examination guidelines in view of these decisions offer hope in this area. These newer decisions reflect a better grasp of the realities of software and its rapid evolution in and heavy utilization of software/digital technology in just about every area of human activity.
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