Mostly Status Quo Under New Test for Patent Particularity

""In practice it doesn't seem to have been a revolutionary decision," said EFF staff attorney Daniel Nazer, who penned the organization's Supreme Court brief in Nautilus. While the Supreme Court clamped down on the "extravagance" of the insolubly ambiguous standard, "judges are still interpreting the 'reasonable certainty' test in a patentee-friendly way."

Nazer said EFF had been concerned primarily about software patents, but the Supreme Court's Section 101 decision Alice v. CLS Bank has helped there. "The really silly software patents are getting struck down under Alice," he said."