PatentlyO: Bilski: Full CAFC to Reexamine the Scope of Subject Matter Patentability
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Started by: zoobabzoobab
Date: 16 Feb 2008 23:19
Number of posts: 1
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Summary:
Taking sua sponte action, the Federal Circuit has ordered an en banc rehearing of the In re Bilski case – asking the following five questions: 1. Whether claim 1 of the 08/833,892 patent application claims patent-eligible subject matter under 35 U.S.C. § 101? 2. What standard should govern in determining whether a process is patent-eligible subject matter under section 101? 3. Whether the claimed subject matter is not patent-eligible because it constitutes an abstract idea or mental process; when does a claim that contains both mental and physical steps create patent-eligible subject matter?
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