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Article: US Federal Circuit Court Rules on Subject Matter Patentability in In Re Bilski.
- Article from:
- Mondaq Business Briefing
- Article date:
- October 31, 2008
- Author:
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Originally published October 31, 2008
Keywords: patents, subject matter patentability, Bilski, Diehr, Freeman-Walter-Abele test, State Street Bank
On October 30, 2008, the Federal Circuit affirmed the final rejection by the Board of Patent Appeals and Interferences (BPAI) of a claimed method for hedging risks in commodities trading in In re Bilski. The BPAI had rejected the claimed method on the ground that, because the method did not require the use of a computer or other machine, it was not directed to patentable subject matter as it failed to constitute a statutory "process" under Section 101 of the Patent Act. The Federal Circuit affirmed the BPAI's ...