Federal Circuit clarifies business method patents test
01 November 2008
In the Bilski decision, the Federal Circuit last month reaffirmed that business methods are patentable in the US, but rejected the "useful, concrete, tangible" test set forth in previous opinions
Eileen McDermott, New York
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 the Court 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...
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