The Inventive Concept in Alice Corp. v. CLS Bank Int'l
Dan L. Burk, The Inventive Concept in Alice Corp. v. CLS Bank Int'l, 46 Int'l Rev. Intell Prop. & Competition L. (2014).
In its recent patentable subject matter opinion in Alice Corp. v. CLS Bank Int’l, the United States Supreme Court articulated a two-step patent eligibility test that hinges on the presence of an “inventive concept” in the patent claims. This short essay considers the connection between the “inventive concept” requirement in the Alice Corp. test and the requirement of an “inventive step” or non-obviousness requirement for patentability, by relating the Supreme Court’s holding to similar decisions considering patentable subject matter under the European Patent Convention.