Lawyers Weigh In On High Court’s Software Patent Ruling
Law360, New York (June 19, 2014, 8:07 PM ET) — The U.S. Supreme Court on Thursday ruled that computerized abstract ideas are not patent eligible. Here, attorneys tell Law360 why the decision in Alice Corp. Pty Ltd. v. CLS Bank International is significant.
William Munck, Munck Wilson Mandala LLP
“The Supreme Court found in Alice, as they found previously in Bilski, that computer-implemented abstract ideas are not patentable. The court’s rulings remain consistent, Section 101 is to be applied before Sections 112, 102 and 103. Justice Thomas wrote today that fundamental processes are ‘squarely’ abstract ideas within the meaning of Section 101, and simply implementing the same on a computer will not create a patentable concept. The decision, though closely watched, does not deviate from the court’s pro-innovation stand against poor patents.”