Apr 2026

Are software applications patentable? The answer of the U.S. Supreme Court

U.S. Supreme Court | 573 U.S. 208 (2014) | Alice Corp v CLS Bank
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Millions of existing software patents in the United States were cast into doubt by a single 2014 decision. The Alice test redefined what can be patented in the digital age.

Alice Corporation owned patents relating to a computer-implemented financial settlement system, essentially a method for reducing counterparty risk through an electronic intermediary. CLS Bank challenged patentability.

The Supreme Court introduced a two-step test: first, determine whether the claim is directed to an abstract idea, such as a mathematical concept, a business method or a law of nature. If it is, one must then identify an additional 'inventive concept', something more than merely applying the abstract idea on a computer.

Applying an abstract idea on a generic computer is not enough for patentability. The invention must make a genuine technical contribution.

The ruling sent shockwaves through the tech and fintech industries, invalidating thousands of patents. For European companies, EU rules expressly exclude computer programs as such from patentability, while still allowing patents for computer-implemented inventions that produce a further technical effect.

Software as such is not patentable. What may be patentable is a technical invention implemented in software, with a concrete technical effect.

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