Journal of the Patent and Trademark Office Society

02/05/18

Patent Eligibility of Online Application Software After Internet Patents Corp. v. Active Network, Inc.

Patent Eligibility of Online Application Software After Internet Patents Corp. v. Active Network, Inc.

Ping-Hsun Chen

This article analyzes a Federal Circuit decision from 2015, Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343 (Fed. Cir. 2015), holding that the claims for a method, computer system, or computer-readable storage medium, for providing an intelligent user interface to an online application were patent-ineligible. Internet Patents may indicate that the possibility of patenting online application software or programming is closed. Reciting a computer or software mechanism in a claim may not be helpful because the computer or mechanism elements may merely implement general functions of a computer, which cannot add any inventive concept into the claim.

99 J. Pat. & Trademark Off. Soc’y 97(2017)

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Patent Eligibility of Online Application Software After Internet Patents Corp. v. Active Network, Inc.

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