Why there is no uncertainty in the wake of Alice


Martin Goetz

Why there is no uncertainty in the wake of Alice

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Contrary to some reports, it’s clear that there is no uncertainty arising from the US Supreme Court’s Alice decision, insists Martin Goetz, the inventor of the first software patent granted in the US.

The 2014 Alice v CLS Bank decision by the US Supreme Court has caused uncertainty, according to some commentators. Specifically, they say, the decision created uncertainty surrounding the patentability of computer–implemented inventions. For example, a WIPR reader survey in November indicated that 88% of respondents think legislation should be created to end the ambiguity.

Nothing could be further from the truth, however. There is not only certainty surrounding the patentability of inventions that show a computer as the preferred way to implement the invention, there is absolutely no need for new US patent legislation. There are two reasons for this.

Reason one: the decision

Martin Goetz, US Supreme Court, Alice v CLS Bank, patents, USPTO, legislation, eligibility, software patent,