Federal Circuit burns off some fog surrounding software claims: SAP v Investpic

LQ PatentCast: SAP America v. Investpic


Summary: The Federal Circuit burns off some of the fog surrounding software claims at Step 2 of the Alice inquiry.

In this installment of the Post-Alice Software Series, the Federal Circuit burns off some of the fog surrounding software claims at Step 2 of the Alice inquiry.  

The case of SAP vs. Investpic appears to directly answer, for the first time, whether a claim can lack the “inventive concept” needed to survive Alice, even though the claims are “groundbreaking, innovative, or even brilliant” as well as non-obvious.  

Now we know that an “inventive concept” cannot be found in the non-abstract realm, e.g., the claimed improvement can’t be an improvement to merely abstract “math.” 


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Scott Tovsen CTO, MotoCrane

Two thumbs, WAY UP!

Two thumbs, WAY UP!

All of my critical concerns were addressed gracefully and the drawings reflect the current state of the design.

Well done to the TPL team. We are all excited over here.