Patent News and Views
« SCOTUS Speaks: Patents May Only be Invalidated Under "Clear and Convincing" Standard | Main | Patent prosecution in light of In Re: Klein »

CyberSource Corp. v. Retail Decisions, Inc. - decision raises the patent-eligibility bar for software

Excerpts from commentary

On August 16, 2011, the Court of Appeals for the Federal Circuit (CAFC) issued its decision in CyberSource Corp. v. Retail Decisions, Inc., affirming patent-ineligibility of a reexamined software patent. The patent-in-dispute, U.S. Patent 6,029,154, is directed to detecting credit card fraud on the Internet and claims 2 and 3 were at issue. The court’s reasoning recognized that software is still patent-eligible after Bilski, but held that the bar has been raised – which has important implications for the software industry.

The court’s categorical treatment of human intelligence as patent-ineligible also has implications for those software disciplines studying software algorithms that mimic human intelligence (e.g., artificial intelligence and machine learning).

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Some HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>