The 'Machine-Or-Transformation Test' For Processes
October 30, 2008, 12:00 AM EDT
Law360, New York (October 30, 2008, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit today issued its much awaited decision in In re Bilski, No. 2007-1130 (Fed. Cir. Oct. 30, 2008) (en banc). The majority opinion, authored by Chief Judge Michel and joined in by eight of the judges on the Court, seeks to return patent-eligible subject matter jurisprudence to the fundamental principles enunciated by the Supreme Court in its prior decisions.
The majority opinion relied upon the so-called “machine-or-transformation test” set forth by the Supreme Court in its Benson, Flook...