After Alice, parties ‘need not labor’ to invalidate business method patents

Lawyers' Forum

By Leonard Z. Hua and John B. Conklin

Leonard Z. Hua is an associate at Leydig, Voit & Mayer Ltd. His practice focuses on patent litigation and prosecution in the electrical engineering and computer science areas. John B. Conklin is a member at the firm, practicing in intellectual property, including litigation, legal opinion and prosecution matters, specifically in electrical, computer and software technology.

Posted October 13, 2014 2:48 PM

In concept, the question of whether an inventive idea qualifies as patent-eligible subject matter doesn’t seem like it should be a difficult one. One needs only to ask whether such an inventive idea is directed to a new and useful process, machine, manufacture or composition of matter and not something that pre-empts a natural law, physical phenomena or abstract idea. However, in the realm of software and business method patents, the question has taken on a life of its own, particularly with regard to …

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