The problem is not only that the Supreme Court has not defined the term “abstract idea”, but also that the Federal Circuit has taken what was intended to be a narrow exception to patent eligibility and incorrectly expanded it so that it threatens nearly every invention that has a tie to software, computers, or networks. Before reaching the Federal Circuit both the magistrate judge and a district court judge found the claims eligible because the claims “specifically recite a ‘general purpose computer’ and then provide features that enable the recited general purpose computer to perform the same functions as the specialized check processing machines of the prior art.” And that’s precisely what the claims did. After reciting the district court’s finding, the Federal Circuit stated: “We disagree and conclude that the claims are directed to the abstract idea of depositing a check using a mobile device.” The panel effectively made the statement by fiat and without any deference to the district court.
Author: Gene Quinn
Published at: 2026-01-27 23:18:26
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