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The Supreme Court s Alice Corp. v. CLS Bank Int l case has been criticized for setting forth a patent eligibility analysis that is unworkably subjective.  As a consequence, the validity of particular types of inventions, especially those in the software and business method space, can be uncertain until undergoing judicial review. In a nutshell, Alice sets forth a two-part test to determine whether claims are directed to patent-eligible subject matter under 35 U.S.C. § 101.  One must first decide whether the claim at hand is directed to a judicially-excluded law of nature, a natural phenomenon, or an abstract idea.  If so, then one must further decide whether any element or combination of elements in the claim is sufficient to ensure that the claim amounts to significantly more than the judicial exclusion.  But elements or combinations of elements that are well-understood, routine, and conventional will not lift the claim over the § 101 hurdle.  While this inquiry is gener

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