Breif of Medistem Inc. supporting the petition to grant the writ of certiorari to review the en banc holding of In re Bilski that all process inventions must meet the machine or transformation test to be eligible for patent protection.
The brief urges the Supreme Court to grant the writ of certiorari on the basis that the en banc court’s pronouncement in Bilski that the “machine-or-transformation” test is the “only” test for determining patent eligibility for process inventions is too restrictive, contradicts Supreme Court precedent, and risks excluding from patent protection important process inventions in the areas of methods of diagnosing and treating diseases, particularly in the emerging field of personalized medicine.
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