USPTO's Interim Bilski Exam Rules Offer Some Relief

Law360, New York (November 9, 2009, 12:22 PM EST) -- The en banc decision in In re Bilski was released last October, and the Supreme Court will hear oral argument on Monday, Nov. 9.

Judge Michel, writing for the nine-to-three majority observed: “A claimed process is surely patent-elligible under §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, 545 F. 3rd 943, 954.

Since then, the Examining Corps of the United States Patent and Trademark Office has...
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