Abstract Idea Implemented by “Automated Agent” Survives Alice Attack

It is well settled that “automating” a previously well-known invention is not enough to confer patentability. For the issues of novelty and obviousness, the famous Leapfrog v. Fisher Price case held that “modernizing” children’s books by creating talking books is an obvious technological improvement. For the issue of patent eligibility, courts have recently held that automating an abstract idea is not, by itself, enough to render the invention patent-eligible. But many courts have also explained that the purpose of the invention is an important clue in determining whether the abstract idea has been fully preempted. Tying these principles together, the Eastern District of Texas held an automated invention was patent-eligible because of the manner of automation, not the mere existence of it.

 

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