buySAFE Patent Called Out Under Section 101

Managing Intellectual Property
October 2014

A two-judge panel of the Federal Circuit held that buySAFE’s patent directed to guaranteeing payment in an online transaction failed to meet the post-Alice patent eligibility requirements of 35 U.S.C. § 101. In a short and direct opinion, the Federal Circuit found that the claims encompassed the “ancient” idea of ensuring transaction performance, and that the invocation of a generic computer failed to supply the requisite inventive concept.

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