LinexLegal: Business method and software patents: US Bilski decision sends ripples across pond
Forum » Resources / News picks » LinexLegal: Business method and software patents: US Bilski decision sends ripples across pond
Started by: zoobabzoobab
Date: 26 Mar 2009 13:48
Number of posts: 1
rss icon RSS: New posts
Summary:
According to the majority of the United States Court of Appeals for the Federal Circuit (CAFC) in Re Bilski, inventions directed to so-called `business methods' and software-implemented inventions may still be patentable but must now overcome an arguably greater obstacle before issuing to patent in the US. In setting out the `machine or transformation test' in its judgment of 31 October 2008, the CAFC, sitting en banc, appears to be moving towards a more European approach to patentability, and away from the broader tests of previous US decisions such as the well known State Street authority. Bilski could have significant implications for European businesses active in Europe as well as the US, at a time when the European Patent Office (EPO) and other national European patent offices are also reviewing this area. It remains to be seen whether the decision in Bilski will have an impact on these future deliberations.
New Post