One of the most common complaints about the U.S. patent system is that inventors are claiming ownership of basic, widely understood ideas. No doubt aware of these criticisms, the U.S. Court of Appeals for the Federal Circuit has agreed to revisit its definition of patent-eligible subject matter in an upcoming case. Experts are watching the case closely; the question is whether this will be the case that finally offers some real clarity.
On February 8, the Federal Circuit will hold an en banc argument in CLS Bank International v. Alice Corp., a case concerning the validity of patents for a computerized method of conducting financial transactions. A panel of Federal Circuit judges ruled, 2-1, in July that the patents are valid. Judge Sharon Prost wrote a sharp dissent, in which she described the claimed invention at issue as “literally ancient,” and accused her colleagues of muddying the standard for patent-eligibility. The full court agreed in November to rehear the case.
