KQH Blog

Our Firm has been Ranked No. 28 among all U.S. Law Firms

Our firm has been ranked No. 28 among all U.S. law firms in receiving First Action Allowances from the U.S.

Please see the following article:

http://www.ipwatchdog.com/2012/03/07/a-patent-bigfoot-the-mythical-first-action-allowances-do-exist/id=22628/

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Claims in a U.S. Patent application directed to an idea or concept must include meaningful limitations that prevent the claims as a whole from covering every practial application of the idea of concept

The U.S. Supreme Court case of Alice Corporation Pty. Ltd. v. CLS Bank International, decided on June 18, 2014, is an appeal by defendant CLS Bank International of a decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) affirming the district court’s ruling that Alice Corporation’s (Alice) patents are invalid under 35 U.S.C. § 101 for being abstract ideas.

Alice’s patents are directed to a computerized method, a computer-readable medium containing program code for performing the method, and a computer system that implements the program code. More particularly, the patents are directed to a computerized trading platform that deals with financial transactions in which a third party settles obligations between two others so as to eliminate the risk of non-payment. Alice’s patents address that risk by using the third party as the guarantor. The CAFC held, and the Supreme Court affirmed, that the concept of reducing settlement risk by facilitating a trade through third-party intermediation is an abstract idea that is not patent-eligible subject matter under 35 U.S.C. § 101. The Supreme Court held that claims directed to an idea or concept must include meaningful limitations that prevent the claims as a whole from covering every practical application of the idea or concept.

 

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