Personal Computer Lottery Game Patent Likely Unpatentable Under 35 USC § 101

The Board granted institution of covered business method review of a personal computer lottery game patent under 35 U.S.C. § 101. "[T]he concept of a lottery is well known, whereas the steps attributed to the processor—generating an amusing game, controlling whether the player will win or lose, and communicating the outcome with a display—are analogous to actions performed by a carnival pitchman thrilling the crowd at a shell game booth, but all the while completely aware of the outcome of the purported game of chance. At this stage of the proceeding, we determine that Petitioner has established sufficiently for purposes of this decision that reproducing the experience as a computer simulation provides 'nothing significantly more' than applying an abstract idea on a generic computer system, which is not enough to transform an abstract idea into a patent-eligible invention."

Petition for Covered Business Method Patent Review by International Internet Technologies, LLC, CBM2015-00106 (PTAB July 29, 2015, Order) (Ward, APJ)