Rapid Litigation: Biotech patent win
In “Rapid Litigation”, the Federal Circuit is further cleaning up the 35 USC 101 “abstract” patent eligibility mess caused by SCOTUS’s Alice and Mayo decisions.
Stephen E. Zweig, PhD JD, Patent Attorney
In “Rapid Litigation”, the Federal Circuit is further cleaning up the 35 USC 101 “abstract” patent eligibility mess caused by SCOTUS’s Alice and Mayo decisions.
The Bascom court decision helps software patents by suggesting that step 2 of the Alice test should follow established obviousness rules.
The Einfish decision – software running on standard computers isn’t automatically abstract, improves the outlook for US software patents.
Software patents that deal with technical effects, physical parameters, and improving computer function are favored, but business methods are disfavored.
Unjustified USPTO “Alice” rejections of patent applications are starting to hurt the economy.
One problem with “Alice” type patent rejections is that many judges use “Alice” patent invalidation as a quick and easy way to reduce their crowded dockets.