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Article: Patent-eligible subject matter revisited: In Re Bilski.
- Article from:
- Mondaq Business Briefing
- Article date:
- November 19, 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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On October 30, 2008, the United States Court of Appeals for the Federal Circuit (the "Federal Circuit") issued its en banc decision in In re Bilski, which addressed the standard for determining whether method claims recite patent-eligible subject matter under 35 U.S.C. s. 101.1 At issue were non-machine-implemented claims directed to a business method for managing consumption risk costs of a commodity sold by a commodity provider. The court held that the claimed method did not recite eligible subject matter under Section 101, because the method was neither tied to a particular machine, nor did it transform physical objects or substances, or representations thereof, into a ...