Patent Eligibility of Software Patents in the U.S.and Europe: A Post-Alice Consideration

Rupert A. Knights and Craig A. Redinger

©2015. Published in Landslide, Vol. 8, No. 1, September/October 2015, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

In the past, software patent practitioners have faced subject matter eligibility standards that varied greatly between the United States and Europe. The conventional wisdom has been that many unpatentable software-related inventions in Europe will be patentable in the United States. After Alice, is this still true?

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