Empirical summary of Federal Circuit 35 U.S.C. § 101 cases post Alice
The patentability landscape for computer-related inventions under 35 U.S.C. § 101 post Alice can be difficult to reconcile. So, I created the following graph to help simplify things. This graph reflects an empirical analysis of the Federal Circuit case law since Alice. The y-axis shows patent eligibility based on the patent’s claims, with those drafted functionally faring the worst, those drafted with technical details faring better, and those reciting a technological improvement faring the best. The x-axis shows patent eligibility based on the claim’s subject matter. Claims directed to business methods fare the worst, claims directed to user interfaces fare better, claims directed to applications fare better still, and claims directed to system hardware and software fare the best.