The Razor Returns: AIPLA Tells the Supreme Court That Alice Step Two Has Revived the Pre-1952 'Invention' Requirement
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The Razor Returns: AIPLA Tells the Supreme Court That Alice Step Two Has Revived the Pre-1952 'Invention' Requirement
"The AIPLA brief does not focus on the particular merits of USAA's mobile check deposit patents. Instead, it frames the case as an opportunity for the Court to correct what the brief calls a historical regression: the Federal Circuit's application of the Alice/Mayo eligibility framework has revived the same subjective "inventive concept" inquiry that the Patent Act of 1952 was specifically designed to eliminate."
"USAA's petition presents two questions: Whether the Federal Circuit has wrongly extended the "abstract idea" prohibition to cover concrete technological processes; and Whether it has improperly held that computer-implemented inventions are patent-eligible only if they improve the computer's own functionality."
The American Intellectual Property Law Association filed an amicus brief supporting USAA's Supreme Court petition in a case involving mobile check deposit patents. Rather than addressing the specific patent merits, AIPLA argues the Federal Circuit's application of the Alice/Mayo eligibility framework represents a historical regression to pre-1952 subjective standards. USAA challenges whether the Federal Circuit wrongly extended the abstract idea prohibition to concrete technological processes and whether it improperly requires computer-implemented inventions to improve the computer's own functionality. The Federal Circuit previously reversed a $218 million jury verdict for USAA, finding its mobile check deposit claims patent-ineligible. The Supreme Court has indicated interest, with PNC's response due April 8, 2026.
Read at patentlyo.com
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