Part II: See Part I #AliceStorm: July is Hot, Hot, Hot…and Versata is Not, Not, Not
What Is a “technological invention”?
The other part of the CBM definition at issue in Versata is the exclusion of a technological invention from the scope of CBM review. Correctly, the Court noted that the USPTO’s circular definition of technological invention as “essentially one having a “technological” feature that solves a “technical” problem using a “technical” solution,” “does not offer much help.” But instead of defining what was technological, the Court looked to what PTAB said was not technological, that is “certain characteristics which, if present, did not help support a finding” that an invention was technological. Here are PTAB’s exclusionary factors:
As a general rule you do not define a word by what it is not: the definition of mammal is not creatures that do not have scales, cold blood, and lay eggs. Similarly, the use of exclusions does not effectively differentiate between technological inventions and non-technological inventions.
Continue Reading Versata: What’s “Technological” and the Federal Circuit’s New Rule Against Improvements