Bilski v. Kappos (In re Bilski)

Opinion of the United States Supreme Court

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The Bilski decision was handed down on June 28th, 2010. The court affirmed the opinion of the lower court but rejected the "Machine or Transformation" test as a sole test of patentability based on an interpretation of the language of §101.

According to the majority opinion "the machine-or-transformation test would create uncertainty as to the patentability of software, advanced diagnostic medicine techniques, and inventions based on linear programming, data compression, and the manipulation of digital signals" but "the Court today is not commenting on the patentability of any particular invention, let alone holding that any of the above-mentioned technologies from the Information Age should or should not receive patent protection", and "this Court by no means desires to preclude the Federal Circuit’s development of other limiting criteria that further the Patent Act’s purposes and are not inconsistent with its text".

Justice Kennedy wrote the opinion. There were no dissents although several justices concurred.

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Reference Info:Decision | Federal, U.S. Supreme Court | United States


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.

© Tyson B. Snow, Snow Litigation Group | Attorney Advertising

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