Writing the
judgment
for a majority of the 12 judges, Chief Judge Paul Michel said (in a footnote): "Although invited to do so by several amici, we decline to adopt a broad exclusion over software or any other such category of subject matter beyond the exclusion of claims drawn to fundamental principles set forth by the Supreme Court."
However, Michel said that the "useful, concrete, and tangible result" enquiry associated with the
State St and
Alappat cases "is insufficient to determine whether a claim is patent-eligible".
Therefore, he said, that enquiry is "inadequate" and the machine-or-transformation test outlined by the Supreme Court in
Benson and
Diehr is the proper test to apply.
Log in or take a free trial to continue reading "
Federal Circuit clarifies test for business method patents".
