Teaching Old Models New Tricks: The Persistence of Alice in Machine Learning Patent Claims
[1] Under the Alice/Mayo framework, subject matter eligibility has long caused headaches for U.S. Patent and Trademark Office (“USPTO”) employees and practitioners alike, because the doctrine is difficult to apply and often inconsistently enforced.[2] Although Congress has attempted to pass remedial legislation, none have become law.[3] In the meantime, practitioners must rely on a patchwork of Federal Circuit decisions to navigate this convoluted area of patent law.[4] In Recentive...