People trying to understand the patentability of software, particularly in the US, often go to the US Supreme Court decision Alice. To many this decision is difficult to understand.
Consequently, it is always interesting to have a Judge comment on what they think Alice is about.
In Ameritox Ltd v Millennium Health 13-cv-832-wmc, Justice Conley stated:
While not expressly referenced in the Alice framework, an underlying concern is general preemption. That concern was underscored in Mayo. As previously discussed, what lies at the core of preemption is the question of whether the patent “forecloses more future inventions than the underlying discovery could reasonably justify”. For example, a well-tailored invention seeking to solve a specific problem with specific claim limitations should not typically trigger preemption concerns, at least where the invention is new and useful.
In a footnote, His Honour states that “A non-conventional application of an abstract idea will tend not to preempt”.