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Article: Federal Circuit narrows patent eligible subject matter in In re Bilski.
- Article from:
- Mondaq Business Briefing
- Article date:
- November 18, 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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Overruling much of its jurisprudence in the area, the Federal Circuit introduced a new test of patent eligibility for process claims, which will most significantly affect those holding and seeking to obtain software and business method patents.
In a long-anticipated en banc decision, the U.S. Court of Appeals for the Federal Circuit delivered its opinion in In re Bilski, Case No. 2007-1130 (Fed. Cir., October 30, 2008), affirming the U.S. Patent and Trademark Office (USPTO). The Federal Circuit overruled or modified many of its earlier decisions regarding patent eligible subject matter to set forth a more definitive, but much narrower, test of patent eligibility ...