US Supports Bilski Decision, But With Caveats

Law360, New York (September 25, 2009, 5:41 PM EDT) -- The U.S. solicitor general filed a brief Friday urging the U.S. Supreme Court to affirm the Bilski decision — which reined in which business methods are patentable — but declined to offer a ringing endorsement of the so-called machine-or-transformation test.

Solicitor General Elena Kagan and her staff said that because a patent application filed by inventors Bernard Bilski and Rand Warsaw related solely to human conduct, untethered to any technology, it was not process eligible.

“Interpreted in light of the historical scope and development of the...
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