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This article refers to the modern challenge of the patent law in the United States. It particularly focuses on capabilities of software as a subject of patent law protection. It shall be highlighted that protection of inventor’s creation finds a special place in the US legal order, as mentioned by the Constitution and supported by the long-standing tradition of United States Patent and Trademark Office towards the protection of numerous inventions, including software. Alice case and other court orders attempt to define where is a line between innovation and a generic rule repeated by the software that creates an interesting tendency in the US patent case law followed by numerous patent invalidations and rejections.