12 May 2008
Federal Circuit seeks new patentability test in Bilski
Eileen McDermott, Washington DC
Twelve Federal Circuit judges last week questioned lawyers about the definition of terms such as “tangible”, “abstract”, “concrete” and “transformative”, in the closely watched hearing in In re Bilski, which could redefine what is patentable subject matter in the US
During Thursday's rare en banc hearing, the judges focused on what the proper test should be for patentable subject matter under section 101 of the patent law, and also considered recent case law on business method patents.
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