Exciting news! Today, in a unanimous opinion, the Supreme Court struck a blow against overly abstract patents in Alice Corp v. CLS Bank. This Spring, the Clinic co-authored an amicus brief with Public Knowledge on behalf of the Application Developers Alliance urging this result. In our brief, we suggested three ways in which the Court could clarify the law of subject matter eligibility–and we were delighted to learn that the bulk of today’s opinion was devoted to two of the clarifications we recommended. First, the Court reiterated that merely implementing an abstract idea on a computer does not make it patent-eligible. Second, the Court made clear that patent claims are not more patent-eligible than method claims.
Kudos to USC Clinic alumni Michelle Lee and Mikhail Brandon as well as our co-authors Charles Duan and Anna Sallstrom of PK.
The opinion can be found here.