In the early 2000s, following the Federal Circuit's 1889 decision in State Street Bank v. Signature Financial Group, the floodgates opened to patenting computing inventions. Those floodgates were abruptly closed in the wake of the Supreme Court's decision in In Re Bilski in 2010 and Alice Corp. v. CLS Bank in 2014, after which the landscape of subject matter eligibility under 35 U.S.C 101 has presented difficult challenges for innovators, particularly those in emerging computing fields such as artificial intelligence (AI).

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Why AI and Computing Innovators Should Reevaluate Their Patent Portfolio Strategies in 2026