Many proclaimed the death of software patents after the Supreme Court's Alice v CLS Bank decision in June 2014. One year later, it is clear that many software-related patents have received more scrutiny from courts and the United States Patent and Trademark Office (USPTO). However, analysis of data reveals software patents are alive and well. The USPTO granted patents for various software categories at a higher rate in 2014 than in 2013. Even in categories where the number of issued patents declined, many patents were still issued. District courts have seen an increased number of motions filed challenging patent-eligibility under Section 101. Among motions that were granted, the challenged patent claims that were found to be patent-ineligible were focused in business method or financial services areas. In this article, Finnegan attorneys Elliot C. Cook, Brandon S. Bludau, and Darren M. Jiron discuss the reality of the state of software patents, post-Alice.
Previously published by Managing Intellectual Property - June 2015
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