Patentable Subject Matter, Litigation Post-Bilski

Law360, New York (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...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.