Software is Patentable When it is a "Specific and Concrete Implementation" of Abstract Idea

Courts have undoubtedly struggled to articulate when a claimed invention constitutes an “abstract idea” within the meaning given to that term in Alice and Mayo. The Eastern District of Texas provided some guidance recently when it held patent-eligible an invention that was a “specific and concrete implementation” of the abstract idea, rather than the abstract idea itself.

 

The Court in Gonzalez v. Infostream Group, Case No. 2:14-cv-906-JRG-RSP (E.D. Texas, Feb. 6, 2016) held the claimed invention was not drawn to an abstract idea, and regardless, was directed to an “inventive concept” when read as a whole. The invention is a method for making digital labels for websites where each digital label represents a particular item of “qualitative information” about the website, posting, or owner. The digital labels are then produced on a computer or network.

 

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