Press Releases

Federal Circuit Ruling in CLS Bank Case Reaffirms Patent Protection for Software

WASHINGTON, DC — May 13, 2013

BSA | The Software Alliance today issued the following statement on the decision of the US Federal Circuit Court of Appeals in the case of CLS Bank v. Alice Corp:

“At its core, this ruling reaffirms Supreme Court precedent that software can be patented,” said BSA Government Relations Director Tim Molino. “While the judges split on the appropriate tests for determining when a given software solution is eligible for patent protection, none of them disputed the basic premise that software is governed by the same standards as other types of inventions.”

“The Court’s overall ruling aligns with the position BSA took in its amicus brief,” Molino noted. “It happens that the patents at issue in this case never should have been granted. But the legal bar on the patentability of abstract ideas should not be misunderstood as disallowing software patents generally.”

“Contrary to some of the reaction to the Court’s decision in this case, we respectfully disagree with Judge Moore’s view that Judge Lourie’s standard would invalidate ‘hundreds of thousands of software patents,’” Molino concluded. “True inventions are still inventions, and they’re still patentable.”

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About BSA

BSA | The Software Alliance (www.bsa.org) is the leading advocate for the global software industry before governments and in the international marketplace. Its members are among the world’s most innovative companies, creating software solutions that spark the economy and improve modern life. With headquarters in Washington, DC, and operations in more than 60 countries, BSA pioneers compliance programs that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.
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