Bilski applicants petition Supreme Court (full version)
30 January 2009
Eileen McDermott, New York
Inventors Bernard Bilski and Rand Warsaw have petitioned the US Supreme Court to reverse the Federal Circuit’s opinion in In re Bilski, which changed the test for determining patent-eligible subject matter in the US
The petition asks the Court to consider two questions: 1) Whether the Federal Circuit erred by holding that a process must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing to be patent-eligible under US law; and 2) Whether the Federal Circuit’s machine-or transformation test “contradicts the clear Congressional intent that patents protect ‘method[s] of doing or conducting business’”.
The much anticipated Bilski decision was published on October 30. While the Court reaffirmed that business methods are...
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