Recasting Business Method Patent Claims Post-Bilski

Law360, New York (May 3, 2011, 12:41 PM EDT) -- With the U.S. Supreme Court’s Bilski v. Kappos, 130 S. Ct. 3218 (2010), decision and its predecessors in mind, the prudent patent draftsman now writes some business method claims as system and/or product claims, as conventional wisdom has been that Bilski applied only to process claims.

For example, in addition to claiming “a method” (or “a computerized method”) of facilitating a particular type of financial transaction, a patent may also claim “a computer system” and “a computer program product” in which computer software performs the essential...
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