It’s not the Alice decision that’s the problem, it’s how courts are applying it, leading law professors argue 23 Mar 18
Lower courts in the US have been applying overly-restrictive criteria for patent-eligible subject matter that conflict with Supreme Court precedents, six prominent patent law scholars have claimed. It is this misapplication of the Alice-Mayo test, they say, rather than the Supreme Court Alice decision itself , that has made it unduly difficult to protect diagnostic method patents since 2014.
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