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Two Years After Alice v. CLS Bank: David Kappos Argues for Balance

Morning Consult last week published an informative article from David Kappos, former under secretary of commerce and director of the United States Patent and Trade Office.

Mr. Kappos continues to warn about the overly broad application of abstract idea exemption applied by the Supreme Court in Alice v. CLS Bank, that “arbitrarily untethers patent protection from the merits of a given invention.”  He believes that through Alice’s progeny, “we are sending a destructive message that will affect all software‑reliant industries, including life sciences, transportation and agriculture: The United States is no longer a hospitable place to invest in heavy-weight software innovation.”  If you care about supporting innovation in the United States, take a minute and read his entire article:






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