USPTO Examples Show What Passes Muster Under Alice


Peg Duncan, commenting on Patent Office guidance on how to apply the Supreme Court’s Alice decision, said that the definition of an abstract idea in the context of computer-related inventions will have to emerge from future court decisions, and answers remain challenging even with the USPTO’s examples. “It still feels a little bit [that] like beauty … patent-eligibility is in the eye of the beholder,” Ms. Duncan explained. “It’s still a difficult, daunting task.”