Thursday, May 16, 2013

Patentable Subject Matter: We Have Company in the Chaos

I have criticized the FCA for its inconclusive decision in, which failed entirely to resolve the central question of whether business methods are patentable. But at least we are in good company. As I discuss in my guest post on IPKat, the US Federal Circuit en banc decision in CLS Bank v Alice Corp (Fed Cir 2013) is equally inconclusive. In the UK, the statute itself is confused, but the UK courts are starting to develop a coherent approach, as I discuss in a second IPKat guest post on HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451.

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