Bilski Puts Patent Examiners Back At Square One

Law360, New York (June 29, 2010, 5:21 PM EDT) -- On the heels of the U.S. Supreme Court's ruling in Bilski, the U.S. Patent and Trademark Office has directed patent examiners to continue to rely on the machine-or-transformation test for process patent applications, a move that lawyers say underscores the inconclusive nature of the decision.

The USPTO told its 6,300-member examiner corps on Tuesday to continue to assume that most applications that pass the machine-or-transformation test will be patentable, excluding attempts to patent abstract ideas.

But that is generally the same understanding examiners held before the...
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