Supreme Court rules software patents that cover 'abstract ideas' are invalid
By Adi Robertson
Alice Corp. and CLS Bank are
both major financial institutions, and they've been sparring for years
in court. The issue is a series of patents that cover a kind of
electronic escrow or "intermediated settlement," where a third party
holds the real money while "shadow" balances are shown to both sides
during trading. In order to preempt a threat from Alice, which held
those patents, CLS asked for a court to declare them invalid, saying
that the basic idea was obvious and that the patents didn't add more
than a generic software process to carry it out. Alice countersued,
alleging that CLS had infringed its patents, and the Supreme Court took
up the issue in late 2013.
'Apply it with a computer' isn't a valid software patent step
Alice attempted to prove that
its patents were more than just an idea by pointing to the specific
software steps that it had to carry out. But the court found that these
steps weren't ultimately much more than "stating an abstract idea while
adding the words 'apply it with a computer.'" The claims "simply recite
the concept of intermediated settlement as performed by a generic
computer. They do not, for example, purport to improve the functioning
of the computer itself or effect an improvement in any other technology
or technical field." Each of the steps that Alice described were basic
computer functions like adjusting account balances, keeping records, and
issuing automated instructions, and the finished product didn't
transform them into something more than the obvious sum of their parts.
Alice Corp. v. CLS Bank
has been one of the most closely watched patent cases of the year. It
takes on what patent reform advocates see as the unreasonably broad
category of "software patents," which cover a process implemented on a
computer rather than a piece of design or a physical invention. Earlier,
the case was somewhat hyperbolically said to spell the "death of software patents,"
but this decision doesn't necessarily stop people from patenting a
software "idea," as long as its technical steps are concrete
improvements or new designs, not an aggregation of existing steps.
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