Abstract
This article explores whether a claim for Internet of Things ("IoT") technology is patent-eligible. the analysis is based on five Federal Circuit decisions that follow the Alice standard. These cases were chosen because the patented technology they discuss is similar to IoT technology. The key issue is whether an IoT claim can pass the step two analysis of the Alice standard. The Federal Circuit case law suggests that recitation of an unconventional system may make an IoT claim more likely to be patent-eligible. Even a system composed of existing devices may be unconventional in terms of patent-eligibility. It is very important to describe a technical problem intended to be fixed in the specification. Explaining how those devices actually work to achieve the purpose of the invention is also helpful.
Repository Citation
Ping-Hsun Chen,
Questionable Patent-Eligibility of IoT Technology,
22 Marq. Intellectual Property L. Rev. 165
(2018).
Available at: https://scholarship.law.marquette.edu/iplr/vol22/iss2/3