Following the Supreme Court’s decision in Alice Corp. v. CLS Bank, Int’l., Brian J. Emfinger discusses eight of the patent-ineligible concepts categorized as “an idea ‘of itself'” in Law360.
The three-part series reviews the claims at issue in each case as well as the reasoning the courts employed to conclude that the claimed concepts were abstract ideas, in order to help practitioners and applicants respond to § 101 rejections that assert pending claims amount to “an idea ‘of itself.’”
“Rebutting 101 Rejections Asserting ‘Idea of Itself’: Part 1” discusses the concepts of “collecting and comparing known information,” “obtaining and comparing intangible data,” and “using categories to organize, store, and transmit information.” Please click here to read the article.
“Rebutting 101 Rejections Asserting ‘Idea of Itself’: Part 2” discusses the concepts of “data recognition and storage,” “organizing information through mathematical correlations,” and “comparing new and stored information and using rules to identify options.” Please click here to read the article.
“Rebutting 101 Rejections Asserting ‘Idea of Itself’: Part 3” discusses the concepts of “comparing data to determine a risk level” and “comparing information regarding a sample or test subject to a control or target data.” Please click here to read the article.
A Law360 subscription is required to access the articles. They are also available in the Library section of the website.