In the latest Supreme Court case on patentability under §35 U.S.C. 101, Alice Corp. Pty v. CLS Bank Int’l. (“Alice”), the Court addressed business method patent issues, finding that the claims at issue for mitigating settlement risks were drawn to an abstract idea and their generic computer implementation failed to transform the abstract idea into patent-eligible subject matter. 134 S. Ct. 2347 (2014). In its opinion, the Court re-applied the two-step test set forth in Mayo Collaborative Serv. v. Prometheus Lab., Inc., 566 U.S. 1289 (2012):
(i) whether the claims are directed to patent-ineligible matter (e.g., abstract idea); and
(ii) whether the claims contain an inventive concept (e.g., “additional features to ensure that the claim is more than a drafting effort designed to monopolize the abstract idea.”).