Mondaq: Canada: Canada: The IP Year 2008 In Review: Patents (Part 1 of 3)
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Started by: zoobabzoobab
Date: 24 Dec 2008 10:52
Number of posts: 1
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Summary:
Will Bilski Stop "Business Method" Patents In The U.S.? In a much anticipated en banc decision by the U.S. Court of Appeals for the Federal Circuit ("CAFC"), the criteria for patentability of "processes" in software, business method and computer-implemented inventions appears to have been altered to favor a newly resurrected "machine-or-transformation test" over the "useful, concrete, and tangible result" analysis that had been relied upon since the release of the famous State Street Bank decision a decade ago. While strictly a U.S. decision, this case will be of great interest for Canadian companies in software, financial and high technology industries seeking patent protection for "business methods" in the U.S.
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