Federal Circuit clarifies test for business method patents
31 October 2008
Eileen McDermott, Chicago
In its eagerly awaited decision in In re Bilski, the US Court of Appeals for the Federal Circuit last month reaffirmed its finding in State Street that business methods are patentable in the same way as any other process or method, but rejected the “useful, concrete, tangible” test set forth in previous opinions
In a judgment that some see as the Federal Circuit's attempt to defer to the Supreme Court, after having had a number of its decisions reversed by the High Court in recent years, Chief Judge Paul Michel, writing the for a majority of the 12 judges, 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."
These "fundamental principles" were defined in the opinion as "laws of nature, natural phenomena, and abstract ideas", the latter of which the Court said applied to the claims at issue in the Bilski invention.
The USPTO originally rejected Bernard Bilski's patent application for an invention relating to a method for hedging risk associated with a commodity sold at a fixed...
Only subscribers have complete access to Managing IP Magazine,
log in or
subscribe now.
Alternatively take a
free trial, giving you 48-hour access to Managing IP Magazine (some articles and surveys may be excluded).
Subscribe Now
This article is available to subscribers. Please click subscribe to read the rest of the article.
Subscribe
Take a free trial
Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.
Take a free trial