A Study of Patent Eligibility of Computer Software – Focusing on Transitional Program for Covered Business Method Patent

• Main Authors: LIAO, PEI-CHUN, 廖沛錞
• Other Authors: YEH, YUN-CHING
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/qt8ux6

碩士 === 世新大學 === 智慧財產權研究所(含碩專班) === 107 === In 2014, Alice Corp. Pty. Ltd. v. CLS Bank Int'l (Alice) has established a two-step framework standard to evaluate the eligibility of software patent and business method patent. According to this standard, the rejection of validity based on section 101 has increased not only in federal court but also in Patent Trial and Appeal Broad (PTAB). After Alice, it has aroused the concern in the standard of patent subject matter eligibility. As of March 31, 2017, the percentage of invalid patents in PTAB transitional program for covered business method patents (CBM) was as high as 97.8%. In this harsh environment, it is important to qualify as patentable subject matter. Therefore, this article will discuss about the standard of patentable subject matter of software patent in CBM review, in order to understand the development of the eligibility standard in the future.