Abstract Idea Where There is No "Concrete" or "Tangible" Application

The seminal State Street Bank case held a claim to be patent eligible where it yielded a “useful, concrete, and tangible result.” State Street Bank was explicitly overruled by the Supreme Court’s Bilski opinion, but the general guidance appears to be alive and well. For example, the District of Delaware recently borrowed from several post-Alice Federal Circuit cases and found an invention was directed to an abstract idea where the invention “lacks a concrete or tangible form.”

For more information on this blog, click here.