John Spangenberger quoted in Law360 article, “Top Patent Eligibility Rulings in the Decade Since Alice

  • June 20, 2024

Partner John Spangenberger spoke to Law360 reporter, Ryan Davis, in advance of the 10-year anniversary of the U.S. Supreme Court’s Alice v. CLS Bank decision. The landmark case made myriad inventions ineligible for patenting, and subsequent rulings have further substantiated the contentious nature of the topic. Davis outlines some of these cases in his article, “Top Patent Eligibility Rulings in the Decade Since Alice.”

“The immediate post-Alice world was just a flurry, a frenzy of new and evolving law” that made it challenging to address patent eligibility, said John Spangenberger of Lando & Anastasi LLP, who mostly works in patent prosecution.

New case law and patent office guidance provided some degree of clarity, but “it’s still very much based on a quite subjective standard, so we’re far from a place of certainty,” he said. However, he added that “I can’t deny that it’s better than the first five years or so after Alice, when the law seemed to be changing every day and 101 rejections were falling out of the sky.”

Read the full article on (subscription required).



Check out John Spangenberger’s recent video on the topic:

Patent Eligibility in Flux: Ten Years After Alice
Examining the Patent Eligibility Restoration Act of 2023 & What’s Next

YouTube video

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