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Patentable Subject Matter, Litigation Post-Bilski

Law360 (February 19, 2009, 12:00 AM EST) -- On Oct. 30, 2008, the Federal Circuit clarified the test for processes under 35 U.S.C. § 101 for patentable subject matter, stating that the “machine-or-transformation” test is the proper analytical framework.[1]

Although Bilski’s claims were directed to a business method-type claim of hedging risk in commodities trading, the Bilski court explicitly declined to make sweeping statements as to the validity of either business method patents or computer software patents generally.

Nevertheless, the patent bar has anticipated that the Bilski logic would result in a flood of...
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