Patent community has its say in In re Bilski
10 April 2008
Eileen McDermott, New York
More than 25 amicus briefs have been filed in an important US Court of Appeals for the Federal Circuit case that could redefine the scope of patentable subject matter in the US
On February 16, the CAFC agreed to rehear In re Bilski en banc – a hearing in front of all 12 active judges – in response to Bernard Bilski’s appeal from a rejection by the USPTO’s Patent Board of Appeals (BPAI).
The patent application at issue in the case relates to a mathematical algorithm governing a method practised by a commodity provider for hedging weather-related risks associated with a commodity sold at a fixed price.
Amicus briefs in support of the appellants, Bernard Bilski and Rand Warsaw, were filed by parties including the American Intellectual Property Law Association (AIPLA), Koninklijke Philips Electronics, the Washington State Patent Law Association, American Express and Accenture.
Supporting the director of the USPTO, Jon Dudas, were briefs written by...
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