CPAGlobal: Supreme test for Bilski
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Started by: zoobabzoobab
Date: 10 Jun 2009 20:53
Number of posts: 1
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Bilski's importance has stemmed from its apparent clash with previous caselaw – particularly the example of State Street Bank v Signature Financial Group, Inc (1998), in which the Federal Circuit upheld the patentability of a financial model. Finding that Signature's means of moving funds achieved a ‘useful, concrete and tangible result', the Federal ruling drew on a central Supreme Court tenet that ‘anything under the sun made by man' was patentable. Unlike the European Patent Convention (EPC), the US does not automatically exclude business method patents. For the US IP industry, unease over Bilski has reached a critical stage, as holders of patents spawned by State Street grow concerned for their rights.
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