Reflecting on 11 years since Alice

Reflecting on the 11 years since the U.S. Supreme Court’s Alice Corp. v. CLS Bank International decision, it’s easy to see how the decision reshaped patent eligibility by introducing the two-step Mayo/Alice framework. Over the past decade, this standard has produced shifting interpretations by the Federal Circuit and evolving guidance from the USPTO, resulting in persistent uncertainty—particularly for software and AI-related inventions. While the USPTO has leaned toward a “practical application” test, the Federal Circuit continues to apply a narrower view, leaving many technology entrepreneurs navigating a fragmented and unpredictable system.

For technology entrepreneurs, the actionable insight is clear: in today’s climate, patents that demonstrate a tangible, real-world application of an innovation are more likely to withstand eligibility scrutiny. This is especially critical for AI and software ventures where the absence of physical results can make eligibility challenging. Entrepreneurs should strategically draft claims and portfolios not only to secure patents, but also to enhance valuation for investment and monetization opportunities.

It is equally important to work with experienced professionals when handling software or AI patent applications. Only practitioners who are closely engaged with the current climate at the Federal Circuit and the evolving priorities of USPTO examiners can anticipate challenges and craft strategies that improve the chances of overcoming Section 101 hurdles. By doing so, entrepreneurs not only reduce risks but also accelerate the creation of greater value from their innovations.

To discuss how to position your inventions for stronger protection and value creation, please visit https://synchronyip.com.

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