In Re Bernard L. Bilski and Rand A. Warsaw: Will Bilski Stop “Business Method” Patents in the U.S.?
Intellectual Property Bulletin
November 17, 2008
In a much anticipated en banc decision by the U.S. Court of Appeals for the Federal Circuit (F.C.C.A.), the criteria for patentability of “processes” in software, business method and computer-implemented inventions appears to have been altered by a majority opinion in the Bilski case, favoring a newly resurrected “machine-or-transformation test” over the “useful, concrete, and tangible result” analysis that had been relied upon since the release of the famous State Street Bank decision a decade ago.
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