US Federal Circuit Finds CLS Software Patents Invalid

The US Court of Appeals for the Federal Circuit published an opinion last week in the CLS vs Alice case. You’ll recall this was a crucial hearing that has the potential to decide whether software is patentable in the USA.

The opinion published by the court — sitting en banc with all but one of the Circuit’s judges represented — found that the software in question was not a patentable subject. That’s very good news and if the finding stands could strike at the heart of the software patent problem.

But the story isn’t over here. The document actually includes six separate opinions by different groups of the judges. A majority of them were able to agree to the overall court verdict, but it is clearly inconclusive. As a consequence, it seems almost certain this finding will itself be appealed to the US Supreme Court. So celebrate, but hold back a little – it’s not over yet.

Patent Defences For The Rest Of Us

The patent system as it stands today could use a general overhaul. We need to see fundamental shifts in society’s understanding of the reasons for and uses of patents. But in the mean time there are all manner of companies, (from the small to the very large) facing patent threats right now.

What defences can be mustered against the trolls and the corporate aggressors defending their legacy control? Open Invention Network plays the broken system to protect the open source community from software patents. Read more in our InfoWorld article today.