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The Machine-Or-Transformation Test Stands Alone

Law360 (January 6, 2009, 12:00 AM EST) -- On Oct. 30, 2008, the Federal Circuit decided In re Bilski, announcing a definitive test for determining whether a "process" involving a "fundamental principle" qualifies for patent protection under the United States patent laws.

In that decision, the majority held that fundamental principles (laws of nature, natural phenomena, abstract ideas and mental processes) are not eligible for protection unless the claimed process utilizes a particular machine or apparatus or transforms a particular article into a different state or thing.

In asserting this machine-or-transformation test,[1] the majority...
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