That's Easy! I Can Do That with Pen and Paper!: Why the Mental Steps Doctrine Could Bring an End to Patent Protection for Software

Abstract

In August of 2011, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CyberSource v. Retail Decisions that held a piece of computer software as unpatentable because it did not fit any allowable subject matter. This decision was reached through an application of the test for processes to a claim that recited a manufacture. This decision should be reviewed by the Federal Circuit en banc. If it is not reversed, it may bring the subject of software patent eligibility into question.