Where Is The Patent System Pendulum Now?

Law360, New York (August 27, 2008, 12:00 AM EDT) -- The Supreme Court’s recent decision in Quanta v. LG overshadowed In Re Bilski, an appeal over patentable subject matter, which is pending before the en banc Federal Circuit.[1]

In light of Quanta and other recent decisions, the outcome of In re Bilski is foreseeable.

By “clarifying” the test for identifying patentable subject matter, the Federal Circuit will continue its trend of attempting to narrow the scope of patent protection.

What remains to be determined is how much “clarification” the Federal Circuit will provide in Bilski....
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