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One of the problems with Alice is that it provides very little useful guidance to anyone. The EFF argues that Alice invalidates all software patents. Others arg
by pnw_hazor 6y ago
One of the problems with Alice is that it provides very little useful guidance to anyone. The EFF argues that Alice invalidates all software patents. Others argue that it doesn't. In fact, the only sure thing the SCOTUS said in Alice was that they are not invalidating all software patents just the bad ones, while providing no workable standard for distinguishing the bad from the good.
While the majority of Justices agreed that the Alice patent was invalid, a majority did not sign on to one opinion. There were multiple concurring opinions that agreed on the result but not the reasoning. The decision provides at best an "I'll know it when I see it" standard.
To say, lawyers are deliberately or intentionally acting contrary to the decision is not accurate. Lawyers will work to draft patents that comply with Alice, and they will argue that the applications they draft comply with Alice.
Unfortunately, very little in the Alice decision can be used to reason for or against any particular patent because it is so incoherent.