The Future Of Business Method Patents After Bilski
November 20, 2008, 12:00 AM EST
Law360 (November 20, 2008, 12:00 AM EST) -- The U.S. Court of Appeals for the Federal Circuit (CAFC) in the case of In re Bilski, No. 2007-1130 (Oct. 30, 2008), held that to meet the test of 35 U.S.C. § 101, patent claims must be drawn to patent eligible subject matter; that is, the claims must be tied to a particular machine or apparatus, or the claims must transform a particular article into a different state or thing.
The Bilski decision is primarily directed to business method patents, inasmuch as the claims at...