The debate over whether computer-implemented inventions should be patent eligible has raged on for many decades. The U.S. Supreme Court first opened the door to patent protection for computer-implemented inventions in the landmark case of Diamond v. Diehr. In making its holding, the Supreme Court distinguished from its earlier decisions in Gottschalk v. Benson and Parker v. Flook. Across these cases, the court was concerned with the question of preemption. In this article, Finnegan attorneys Aaron J. Capron and Arpita Bhattacharyya discuss recent Federal Circuit cases surrounding patent eligibility and the role of preemption.
Previously published in Law360
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