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Expert Analysis

The Fed. Circ.'s Secret Merger Of Alice Steps 1 And 2

By Stephen Schreiner, Tom Scott and Jim Carmichael ( June 17, 2020, 4:40 PM EDT) -- Under the U.S. Supreme Court's decisions in Alice Corp. v. CLS Bank International and Mayo Collaborative Services v. Prometheus Laboratories Inc., the U.S. Court of Appeals for the Federal Circuit and the district courts employ the well-known two-step inquiry for patent-eligibility: (1) whether the claim is directed to an unpatentable concept such as an abstract idea, law of nature or natural phenomena, and, if it is, (2) whether the claim includes other limitations constituting an "inventive concept" that transforms the invention into a patent-eligible practical application.[1]...

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