Supreme Court Holds That Some Business Methods Are Patentable, But Avoids Giving Clear Guidance On How To Determine Business Method Patentability

more+
less-

On June 28, 2010, a divided Supreme Court in Bilski v. Kappos held that business methods may constitute patentable subject matter. The Court acknowledged that the so-called “machine-or-transformation test” used by the lower courts is a “useful and important clue” for determining patentability, but rejected that test as the exclusive test for deciding whether a process is patent-eligible subject matter. The Court declined to provide further guidance beyond past Supreme Court precedents and statutory text, leaving open the test for how to determine whether a claimed invention is a patentable “process” under 35 U.S.C. § 101.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Wilson Sonsini Goodrich & Rosati | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×