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U.S. Supreme Court Holds That Merely Requiring Generic Computer Implementation Fails To Transform An Abstract Idea Into a Patent-Eligible Invention

The Supreme Court held today in ALICE CORPORATION PTY. LTD. v. CLS BANK INTERNATIONAL ET AL. “that merely requiring generic computer implementation fails to transform [an] abstract idea into a patent-eligible invention.”  In a concurring opinion, Justice Sotomayor stated that “I adhere to the view that any claim that merely describes a method of doing business does not qualify as a process under §101 (patent-eligible subject matter).”  The decision can be accessed here: http://www.supremecourt.gov/opinions/13pdf/13-298_7lh8.pdf

Payam Moradian and Jacob Zodieru

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