30 July 2010

New Bilski guidelines issued

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.

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New Bilski guidelines issued

The rest of this article is available to subscribers to Managing IP only.

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