Mondaq: United States: Supreme Court Grants Certiorari To Review The Standard For Patent-Eligibilit
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Started by: zoobabzoobab
Date: 10 Jun 2009 21:01
Number of posts: 1
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Summary:
Today, the U.S. Supreme Court agreed to hear an appeal concerning the standards used to determine whether a process is eligible for patent protection under 35 USC § 101. Bilski v. Doll, U.S., No. 08-964, 2009 WL 221232 (June 1, 2009) (granting certiorari). Last fall, the U.S. Court of Appeals for the Federal Circuit held that a process is patent-eligible under § 101 if: "(1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing." In re Bilski, 545 F.3d at 943, 954 (2008). The Supreme Court's review of this case will play an important role in defining whether business methods and other computer-implemented processes may be patented. It is difficult to predict whether the Supreme Court's grant of certiorari in Bilski signals an intent to significantly narrow or expand the scope of patent eligibility under 35 U.S.C. § 101...
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