Urges Fed Circuit to adopt the “Physical” and “Virtual” Links Test for determining the subject matter patentability of software under Bilski
The Juhasz Law Firm filed an amicus brief before the Federal Circuit Court on December 4 in CLS Bank International v. Alice Corporation. CLS Bank concerns the subject matter patentability of software. The brief urges the Federal Circuit to adopt the “physical” and “virtual” links test proposed by Juhasz to determine whether a computer-implemented invention is a patent ineligible abstract idea.
“Physical and Virtual Links”
The brief outlines the underpinnings for the test found in Supreme Court decisions in Diamond v. Diehr and O’Reilly v. Morse, which along with Benson, Flook, and Bilski form the bedrock cases in U.S. patent jurisprudence on the question of subject matter patentability.
For a copy of this amicus brief or for more information about the “physical” and “virtual” links test, go to The Juhasz Law Firm at www.patenthorizon.com.
About The Juhasz Law Firm
The Juhasz Law Firm is a patent and intellectual property (IP) protection, counseling, licensing and litigation firm. Combining deep patent/IP experience, broad capabilities across a wide spectrum of industries and technologies, and extensive expertise in strategic counseling, The Juhasz Law Firm collaborates with clients to help them better see, understand and realize the potential strategic value from their patents and intellectual property.
Paul R. Juhasz has written extensively on matters of software patents, including the Bilski software patent decision; matters of diagnostic method patents, including an amicus brief filed in the Prometheus case decided by the U.S. Supreme Court last March; and licensing matters including strategic monetization of intellectual property.