In Re Bilski — Supreme Court Ought To Start Over

Law360, New York (October 29, 2009, 2:41 PM EDT) -- Much has been written about In re Bilski, which proclaims that all inventions must meet a “machine-or-article transformation” test under 35 U.S.C. §101 as a threshold requirement and before any consideration is given to questions of patentability under 35 U.S.C. §§102, 103 and 112.

The purpose of this article is to suggest that the Supreme Court ought to return to first principles, the Constitution and the Patent Statutes, and overrule what will be referred to as the toxic trio, the so-called exceptions to patentability: laws of...
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