Life Sciences Brace For Aftermath Of Bilski

Law360, New York (December 2, 2008, 12:00 AM EST) -- On Oct. 30, 2008, the Federal Circuit sitting en banc redefined the standard by which a "process" can be found eligible for patenting. In re Bilski, 2008 U.S. App. LEXIS 22479 (Fed. Cir. 2008).

With specific focus on “business method” patents, the Federal Circuit rejected as inadequate its prior standard of “useful, concrete and tangible result” relied on in State Street Bank, and returned instead to older Supreme Court precedents, such as Flook, Benson and Diehr, to formulate a new “machine-or-transformation” test.

According to the majority...
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