The Latest On Patent Eligibility For Process Claims

Law360 (November 3, 2008, 12:00 AM EST) -- Patents on computer software and business methods have been playing an increasingly important role for many businesses.

The Court of Appeals for the Federal Circuit recently issued a long-awaited decision redefining the test for patent eligibility for these types of inventions. In its en banc decision in Bilski, the Federal Circuit departed from the "useful, concrete, and tangible result" test it had established in State Street Bank & Trust Co. v. Signature Financial Group Inc., 149 F.3d 1368, 1374 (Fed. Cir. 1998), which had been the standard for the past ten years.

The Federal Circuit returned to a test articulated nearly...

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