Bass, Berry & Sims attorneys Terry Clark and Greg Parker authored an article published online by World IP Review discussing the U.S. Supreme Court's decision in Alice Corp v. Bank, and its dramatic effect on the country's patent system. Although the Alice decision has made it incredibly difficult to obtain and enforce computer-implemented software patents, Terry and Greg argue that it is still possible with the right strategy. Since the decision nearly two years ago, district courts nationwide have relied heavily on Alice to overwhelmingly invalidate software patents. The invalidation rate is approximately 75% in district courts and more than 90% at the Federal Circuit. "Given how few software patents have survived patent eligibility since Alice, patent owners and practitioners have little guidance on what types of software innovations are patent-eligible," explain the authors.
The full article, "Best Practices for Patenting Software Post-Alice," was published online by World IP Review on May 12, 2016, and is available online.