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Thursday, October 30, 2008

Collection of First Impressions on the In Re Bilski decision

In re Bilski was decided today. Like many such landmark cases, it will probably take a while for the lower courts to parse the decision and apply it to specific cases. But for now, it looks as though business method patents and software patents are dead in the United States. Below are initial reactions from some of the major IP bloggers:

Patently-O - The Federal Circuit has affirmed the PTO's Board of Patent Appeals (BPAI) finding that Bilski's claimed invention (a method of hedging risks in commodities trading) does not satisfy the patentable subject matter requirements of 35 U.S.C. § 101. In doing so, the nine-member majority opinion (penned by Chief Judge Michel) spelled the "machine-or-transformation" test for patentability of a claimed process.

Peter Zura's 271 Patent Blog - State Street still good law, but methods must be implemented on a machine.

PLI Patent Blog - Federal Circuit Decides Software No Longer Patentable

WSJ Law Blog
- Speculates as to whether this will be granted a writ of certiorari by the Supreme Court.

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