It's a Scary Post-Alice World for Software Patents

June 23, 2015

Shortly after publishing his data-driven analysis of patent law one year after the Alice v. CLS  Supreme Court decision, Fenwick patent partner Bob Sachs sat down with The National Law Journal to discuss his findings.

His analysis of 10,398 electronic-commerce patent applications in nine categories revealed that Section 101 patent rejections more than doubled after Alice, reaching 93 percent. The effects are widespread, he told The National Law Journal.

“It’s everything from shipping management to gaming to insurance,” Sachs said. “You name it. There’s not a field of software technology that has not been touched. You can’t just say it’s affecting bad business-method patents, because it’s not.”

He added, “It’s scary out there. If you’re in the affected categories, there’s an 85 percent to 95 percent chance your patent is going to be rejected on eligibility alone,” Sachs said. “It’s not because they have a lousy invention; it’s because the rules have changed midstream. It’s now also very hard to get around those rejections.”

The full interview is available through The National Law ​Journal website​ (subscription required).