Is patent eligibility on the Supreme Court docket?

AIPLA has filed an Amicus Brief before the Supreme Court arguing the court should grant certiorari in United Services Automobile Association v. PNC Bank N.A., (U.S. filed Mar. 2, 2026). The brief argues that the Alice/Mayo line of cases has subverted the goals of the Patent Act of 1952, which was supposed to end the "inventive concept" inquiry for patentable subject matter. If you follow the recent case law, the "inventive concept" inquiry is very active. It’ll be interesting to see if the Supreme Court grants certiorari. We hope so. The case law has been a mess. As I recently joked with a patent examiner, “Nobody knows how to determine patent eligibility.” The Examiner laughed, and agreed. Some certainty and clarity from the Supreme Court would be much appreciated.

The case at issue is an appeal from the Eastern District of Texas finding claims patent ineligible for the system outlined below.