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Alice Neither a Wonderland Nor a Wasteland - Yet, AIPPI E-News No. 38, October, 2014

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The decision of the United States Supreme Court in Alice Corporation PTY. LTD. v. CLS Bank Int'l et Al, 573 U.S. ____ (2014), decided now a full three months ago, has had an impact in two recent precedential decisions of the Court of Appeals for the Federal Circuit (CAFC). In brief, Alice stands for the propositions that: (1) a claim drawn to an abstract idea is patent-ineligible unless it contains additional features that ensure the claim does not monopolize the abstract idea; (2) the relevant analysis is whether the claims do more than instruct the practitioner to implement the abstract idea; and (3) the analysis framework to apply is to first determine whether a claim is directed to an abstract idea and, if so, to ask whether the claim elements transform the nature of the claim to a patent-eligible application of the abstract idea.

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