Trick or Treat? The Federal Circuit Court Restricts Protection of Business Method Patents by Chad McLawhorn


On October 30, 2008, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its greatly anticipated decision in In re Bilski, Case No. 2007-1130, which addressed the patentability of business methods. The majority opinion ruled that a claimed process is eligible subject matter for patentability if (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing. Thus, the Federal Circuit has limited to some extent the protection of business method patents.

Article authored by McAfee & Taft attorney: Chad McLawhorn.

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