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This is one of the few appellate decisions after the Alice decision that found the invention to be eligible for protection under Section 101. Instead went to step two to find an inventive concept.
The Court found that the claims contained an inventive concept, and distinguished this case from the numerous other software-related cases that were not patent eligible.
The court was guided by two principles: that it is important that the claim does not preempt the entire use of the natural law, and that the additional elements added to the claim beyond the natural law must be significant in that they cannot merely involve steps that are well-understood, routine, and conventional.
In this case, the Court found that the claim preempted the law of nature.
As a result, the c DNA sequence molecule was patent eligible subject matter.
The markedly different characteristics test was used by the Federal Circuit to reject the subject matter eligibility of cloned sheep.
In analyzing step two, the machine-or-transformation test discussed in the Bilski case can still be a useful clue.In this third decision, the Federal Circuit once again reconsiders the issue in light of a new Supreme Court case, this time the 2014 Alice decision.The Court found that novelty of the claims is to be considered only in connection with step two of the Alice test, not step one.The method claims for generating the device profiles were not tied to any physical apparatus, and were considered directed to the abstract ides of "gathering and combining data that does not require input from a physical device." There was no inventive concept (although the phrase was not used) because all of the other limitations related to data gathering.The Federal Circuit determined that patent claims to relating a guaranty service for online transactions is not patent eligible.