Bilski Test Dooms Marketing Paradigm Patent App

Law360, New York (March 6, 2009, 12:00 AM EST) -- The Bilski test claimed a would-be piece of intellectual property Friday as a federal appeals court upheld the U.S. Patent and Trademark Office's rejection of an application for a marketing paradigm patent.

Lewis Ferguson, Darryl Costin and Scott C. Harris had appealed the rejection of all 68 claims of their patent application to the U.S. Appeals Court for the Federal Circuit, arguing that the claims in their application were patent-eligible subject matter and that the USPTO's Board of Patent Appeals and Interferences erroneously decided they were...
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