Mondaq: United States: Long-Awaited “Bilski” Decision Restricts Patentability Of Software, Business
Forum » Resources / News picks » Mondaq: United States: Long-Awaited “Bilski” Decision Restricts Patentability Of Software, Business
Started by: zoobabzoobab
Date: 12 Nov 2008 10:44
Number of posts: 1
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Summary:
The Federal Circuit has upheld a ruling by the U.S. Patent Office denying a patent for methods of hedging in commodities trading. In doing so, the court considered earlier Supreme Court decisions and announced a new test for patentable subject matter. The Federal Circuit's ruling reflects a growing tendency among courts to subject patents to increased scrutiny. The Bilski decision is significant because it may affect a patentee's ability to enforce existing patents, the prospects for pending patent applications and the decision whether to file new patent applications directed to so-called "business methods" and software-related innovations. The ruling certainly makes review of existing portfolios of such patents advisable.
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