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April 8, 2009

In re Bilski

Last fall, the Court of Appeals for the Federal Circuit ruled in Bilski that the "machine-or-transformation test" is the only test to be used in determining whether a process is eligible for patenting. This means that the process must either (1) be tied to a particular machine or apparatus or (2) transform a particular article into a different state or thing.

The process in question was Bilski's method of hedging the risk of bad weather through commodities trading, which had previously been rejected by the USPTO as lacking patentable subject matter. The Federal Circuit affirmed this finding on appeal, based on failure to pass the machine-or-transformation test.

Bilski has now petitioned the Supreme Court for a writ of certiorari -- asking the high court to determine whether the new test of patentable subject matter is the correct test. Read more about the case here.

Posted by BlogAuthor1 at April 8, 2009 8:15 PM
category: Intellectual Property Law

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