Patent Articles

In response to Monday’s Supreme Court ruling in Bilski v. Kappos, the United States Patent and Trademark Office issued a brief statement confirming the Court’s decision that the invention claimed in Bilski’s patent application was "not patentable subject matter as his claims were drawn to an abstract idea." The Patent Office related that the Court ruled that "‘machine or transformation’ test is not the sole determinant of patent eligible subject matter for process claims, but is nevertheless an important ‘investigative tool’ for evaluating their patent eligibility." The Patent Office stated that "[t]he Court also indicated that a business method is, at least in some circumstances, eligible for patenting under Section 101.’"

The Patent Office noted that it was "interpreting the decision as soon as possible." In the meantime, "interim guidance" has been distributed for examiners to provide at least some assistance for examining patent applications that claim processes, including business methods.

Click Here to read Ostrolenk Faber’s recent web posting summarizing Monday’s Supreme Court decision in Bilski v. Kappos.

Click Here to read the full Supreme Court decision in Bilski v. Kappos.