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

By Kristopher A. Nelson
in June 2009

300 words / 2 min.
The Supreme Court has agreed to hear In re Bilski, a case that may well invalidate business-method patents.


Note: this post is from 2009. Evaluate with care and in light of later events.

U.S. Supreme Court building.
Image via Wikipedia

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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