Fish: Fish & Richardson Special Federal Circuit Bulletin: In re Bilski
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Started by: zoobabzoobab
Date: 24 Nov 2008 09:09
Number of posts: 1
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Summary:
The ruling addressed which technologies are, or are not, eligible for patent protection. More specifically, the case was the first effort by the full Federal Circuit to address the patentability of so-called business method patents under Section 101 of the Patent Act. The court's answer: such inventions might be or might not be patentable (as may certain software and medical method claims, by extension). In particular, if an invention relates to a "pure" business method that is not limited to performance on a computer and produces only abstract results such as manipulation of documents, information, or data, it is not patentable subject matter. If, however, the method is performed on a computer and is limited to operations on particular types of data, it can be patentable -- if the patent claims are drafted correctly. This alert briefly addresses the most important points in the opinion, and then discusses ways that clients can address the opinion moving forward.
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