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Lessons learned five years after Alice


Despite being criticised as contradictory and confusing, the Federal Circuit’s Section 101 case law since Alice provides some clear guidance that will assist practitioners, say Michael Kiklis, Shu Chen and Matthew Zapadka of Bass, Berry & Sims

Alice overview In Alice v CLS Bank, the US Supreme Court used a two-part test for evaluating patent eligibility under Section 101: (1) determine whether the claims are directed to a patent-ineligible concept, including laws of nature, abstract ideas or natural...


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