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October 9, 2016

Aiding Abstraction

Affinity Labs v. DirectTV et al (CAFC 2015-1845) is another instance of willy-nilly patent ineligibility. A CAFC panel found "the claims are directed not to an improvement in cellular telephones but simply to the use of cellular telephones as tools in the aid of a process focused on an abstract idea. That is not enough to constitute patentable subject matter." Apparently, tools are only useful if their process is not focused on abstract idea. A confession in the opinion makes the large point: "we have acknowledged that 'precision has been elusive in defining an all-purpose boundary between the abstract and the concrete.'"

Posted by Patent Hawk at October 9, 2016 2:04 AM | ยง 101