New Bilski guidelines issued
30 July 2010
Eileen McDermott, New York
One month after the Supreme Court’s Bilski decision, the USPTO has issued a second version of its interim guidance to examiners for determining subject matter eligibility
The June 28 Bilski ruling upheld the Federal Circuit’s determination that Bernard Bilski’s and Rand Warsaw’s invention was not patent eligible, but struck down its assertion that the so-called machine-or-transformation test should be the sole test for determining patent eligibility.
In light of the ruling, a USPTO task force immediately released interim guidance to examiners instructing them to continue using the machine-or-transformation test as a “tool for determining whether the invention is a claimed process under Section 101 [the section of US patent law that pertains to patent eligibility]”.
It added that, if an invention does not meet the test, it should be rejected, unless it clearly does not claim an abstract idea.
Some felt those guidelines were inadequate and put too much emphasis...
Only subscribers have complete access to Managing Patents,
log in or
subscribe now.
Alternatively take a
free trial, giving you 48-hour access to Managing Patents (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