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


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.

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

Written by:


Wilson Sonsini Goodrich & Rosati on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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. Or, sign up using your email address.