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Article: In re Bilski: new test for patent-eligible subject matter.
- Article from:
- Mondaq Business Briefing
- Article date:
- November 10, 2008
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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In an apparent effort to head off another potential reversal by the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit in its October 30 en banc decision in In re Bilski sought to limit the patent eligibility of certain "types" of processes, especially those relating to certain types of software and so-called "business methods." The court accomplished this by asserting that the sole test for determining whether a process claim is directed to patent-eligible subject matter was whether the process (1) is tied to a particular machine or apparatus, or (2) transforms a particular article into a different state or thing. In making this the sole test, the court ...
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Article: Intellectual Property Alert: Federal Circuit ...
Mondaq Business Briefing;
November 14, 2008 ;
700+ words
... ... As expected, the Federal Circuit treated from its broad ... The question for the Federal Circuit, therefore, was whether the subject matter of the claims was patentable ... under Section 101. The Federal Circuit decided that the Supreme ...
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