CLS Bank v. Alice Corporation and Bancorp Services v. Sun Life: Contrary Outcomes in Latest Federal Circuit Decisions on Patent-Eligibility of Financial Services Inventions

The Banking Law Journal
October 2012

On July 9, 2012, a Federal Circuit panel held that computer-implemented methods, systems and products were patentable subject matter, unless it was “manifestly evident” that they cover an abstract idea. Yet just days later, a different Federal Circuit panel held that a computer-implemented process was an unpatentable abstract idea, if the computer did not play a “significant part” in the invention. Messrs. Fischer, Sharrott and Calabro discuss these two decisions.

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