But a command is an abstract idea
, and it seemed a sort of "lesser marvel" till it flashed upon me that it involved the concrete existence of a ship.
2347 (2014), the Supreme Court explained that all decisions of patent eligibility should be made using a two-step inquiry, asking (1) whether the patent claim at issue covers an abstract idea
and, if so, (2) whether the patent adds something extra that embodies an inventive concept.
77) First, the Court discussed that the question of whether the claims at issue were directed to an abstract idea
was not a difficult inquiry.
html) International Space Station can seem like an abstract idea
to most people seeing as most people aren't astronauts.
24) By 1998, patent law grew even further by deeming business methods patent eligible as a process or method and not an exception as an abstract idea
A second takeaway, for those fighting off eligibility challenges for issued patents, is that patent owners should argue that it is insufficient to only ask if the claims involve an abstract idea
, as such overbroad and simplistic characterizations tend to ignore technical features of the claims.
It then shows how the best writers have put each of those traditions to distinctive use for the sake of caricature, to make an abstract idea
visible, to make a complicated idea simple.
In another prosecution proceeding, a colleague successfully overcame an Alice rejection based on being an abstract idea
for "merely calculating" by amending the claims to further limit the calculation function to a device to "continually calculate" and a control function to a controller to "continually control" a component of the claimed device.
The next step is to create more designs that support the (Do Good Be Happy) motto, so that it resonates with customers on more than just as an abstract idea
According to the company, in applying the reasoning of Alice decision, Judge Schroeder found that although the '227 Patent is directed to an abstract idea
, the abstract idea 'is necessarily directed to improving computer technology' and that 'the Defendants have not provided any evidence that claimed computer functions (using persistent mainstreams and substreams) were well-understood, routine, conventional activities previously known to the industry at the time of filing' as would be required to be invalid under Alice.
The Supreme Court declined to define the term "abstract idea," and even acknowledged that at some level, all inventions are directed to an abstract idea
Ultimately, the patents in Alice were invalidated because they claimed an abstract idea
in violation of Section 101 of the Patent Act.