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Article: Supreme Court Grants Certiorari To Review The Standard For Patent-Eligibility Under 35 USC s. 101.
- Article from:
- Mondaq Business Briefing
- Article date:
- June 10, 2009
CopyrightCOPYRIGHT 2009 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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Today, the U.S. Supreme Court agreed to hear an appeal concerning the standards used to determine whether a process is eligible for patent protection under 35 USC s. 101. Bilski v. Doll, U.S., No. 08-964, 2009 WL 221232 (June 1, 2009) (granting certiorari). Last fall, the U.S. Court of Appeals for the Federal Circuit held that a process is patent-eligible under s. 101 if: "(1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing." In re Bilski, 545 F.3d at 943, 954 (2008). The Supreme Court's review of this case will play an important role in defining whether business methods and other ...