The Closing Bell For Business Method Patents?

Law360, New York (September 9, 2009, 1:22 PM EDT) -- The economic recession is not the only downturn troubling the financial industry. Another downturn is happening in litigations involving business method patents — a principal form of intellectual property for many financial-services companies — following last year’s Federal Circuit In re Bilski decision.

That case holds that a claimed method, or process, is patent-eligible under 35 U.S.C. § 101 if “(1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing.” In re Bilski,...
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