In an article published on June 2, 2019 in IPWatchdog, member Bill Abrams provides his insight on the impact the patent-eligibility test could have on the future of technological inventions.
Foster Pepper’s intellectual property practice group recently filed a petition for writ of certiorari with the U.S. Supreme Court to clarify the patent-eligibility test for computer-implemented inventions, as the process impacts digital innovation across the country. SCOTUSblog has selected the petition as a "Petitions We’re Watching – Featured Petition"and a “Petition of the Week.”
Foster Pepper’s client InvestPic invented a software tool for assessing the health of investment portfolios and received a patent for the technology. Despite the system being widely used by the investment industry, a federal trial court invalidated the patent on the grounds that the invention was too “abstract.”
Abrams emphasizes that InvestPic LLC v. SAP America involves the critical issue of determining what it means for an idea to be ‘abstract.’ The resolution to this question will impact everything from software inventions to computer-implemented inventions as well. Abrams says, “Continued chaos about the patent-eligibility of non-physical technological advancements imposes devastating costs on innovators and industry. Review and intervention by the Supreme Court would bring much-needed clarity and stability to this vital question of law affecting digital innovations at the heart of our modern economy.” For the full article, you may click here.