The Federal Circuit has upheld more patents in the face of Alice challenges in the last 6 months than in the 2 years following the Alice decision. This is a notable shift in the Federal Circuit’s application of Alice, and the US Patent & Trademark Office (USPTO) has taken notice. A series of USPTO memorandums call on patent examiners to consider these Federal Circuit decisions when evaluating if an invention is patentable. Consequently, patent applicants have added Enfish, BASCOM, McRO, Amdocs, and other decisions to their tool box for arguing that inventions are patentable under Alice.
Leading experts in the patent field have also addressed the recent Federal Circuit decisions in a series of LexisNexis webinars, which have seen record breaking attendance. At the invitation of LexisNexis, Gene Quinn of IPWatchdog and JiNan Glasgow George of Neopatents have shared perspectives and strategies gained from their experiences with Alice. These experts have encountered Alice in a variety of technologies, including software, communications, power grid, business methods, and many others.
We’ll give you the takeaways from these experts’ insights into Alice and break down the recent Alice developments in our next series of posts. In case you missed it, here is the first webinar.