Business Methods Still a Sore Spot

by Ali Manor

Patent lawyers look for overhaul of Alice decision

By Tony Flesor


Two years after the U.S. Supreme Court’s contentious “Alice” decision, the topic is still a sensitive one for intellectual property lawyers.

Alice changed the rules for what is patentable, specifically for anyone who develops software. With much innovation happening at tech companies and in the digital realm, the impacts of the decision are seen as particularly damaging for patent-seekers.

The courts themselves have set the new status quo for the rule, but the former leader of the U.S. Patent and Trademark Office went on the record to point out the flaws in the rule, and some organizations are asking Congress to step in to change it.

In June 2014, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank International. The Alice decision has become perhaps the most famous, or infamous, recent decision specifying limitations for business method patents, but it is just one in a line of cases.

To read this story and other complete articles featured in the May 16, 2016 print edition of Law Week Colorado, copies are available for purchase online.