Patenting Software and Business Methods After Bilski

Executive Counsel
February/March 2009

The Federal Circuit’s decision in In re Bilski sent shockwaves through the patent community as it changed the decade old “useful, concrete and tangible result” test set forth in State Street Bank v. Signature Financial. The Court in Bilski promulgated a new standard to be applied when evaluating a patent claim’s eligibility for patent protection. The newly espoused “machine-or-transformation” test has far reaching implications; yet, patent practitioners have had little guidance in its application. In this article, Michael P. Sandonato and Troy A. Kennedy discuss recent USPTO Board of Patent Appeals and Interferences decisions that shed light and provide direction on interpreting the Bilski test.

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