In re Bilski Revisited: Business-Method Patents to Go Before the Supreme Court

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Ashby Jones writes:

This just in: The Supreme Court on Monday agreed to hear the case In re Bilski, on appeal from the Federal Circuit.

At issue is the viability of so-called business-method patents, that is, whether business methods and processes are patentable. Click here for coverage from Scotusblog.

via Bilski! Supremes Grant Cert on Business-Method Patent Case – Law Blog – WSJ.

Michael Risch has more:

I was extremely critical of the Federal Circuit opinion when it came out, and not just because of sour grapes that the amicus brief I wrote with three other professors was largely ignored (and worse yet, uncited!). I predicited in my prior posts that the new test would be a disaster, and – to my mind – it has been. Bilski’s machine or transformation test (see here for a description) has led to rejections of a variety of patents that were otherwise seemingly inventive, and that were completely unrelated to the much maligned business methods of Bilski. Worse (and a focus of my article), the opinion leaves the test so vague that no one can really know if they have patentable subject matter until after a long process.

via PrawfsBlawg: Hello Again and Bilski Redux



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About Kristopher Nelson


I'm currently a graduate student of the history of law and technology at the University of California, San Diego. I also provide law and technology consulting services. Additionally, I'm a non-practicing lawyer and former developer/sysadmin at a biotech non-profit. For more about me and my work, see krisnelson.org or my Google Profile.

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