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Joseph Wolfe, left, and Michael Bartow, right, of DLA Piper. Joseph Wolfe, left, and William Bartow, right, of DLA Piper.

Since the U.S. Supreme Court’s 2014 decision in Alice v. CLS Bank, which effectively put the brakes on securing software patents in the US, patent practitioners have been working to find ways to overcome the bar Alice established for satisfying the subject matter eligibility requirements of 35 U.S.C. Section 101. Alice was focused on whether claims for software and business methods were eligible subject matter under Section 101. The Alice court held that merely describing an algorithm at a high level and having that algorithm execute on a generic computing device constitutes an “abstract idea,” and is not eligible for patent protection.

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