The Patentability of Processes

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The Federal Circuit has issued a long-awaited decision on the patentability of processes. In re Bilski will affect the validity of many existing process or method patents, as well as the ability to receive new patents of this type. The most direct impact will be on patents for business methods. The Court did not strike down the entire field of business method patents, but narrowed the scope by adopting a more restrictive test for determining the difference between an acceptable process claim and overly broad claims that seek to preempt all use of fundamental principles.

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