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ARTICLE · 23 JULY 2010

The Long-Awaited Bilski (In) Decision

Levenfeld Pearlstein
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Earlier this week, the U.S. Supreme Court issued the long-awaited decision in Bilski et al. v. Kappos, 561 U.S. _____ (2010), a case focused on the patentability of business methods and other software-implemented inventions.

United StatesIntellectual Property
Mitchell Weinstein
Mitchell Weinstein
Marc Fineman
Marc Fineman

Earlier this week, the U.S. Supreme Court issued the long-awaited decision in Bilski et al. v. Kappos, 561 U.S. _____ (2010), a case focused on the patentability of business methods and other software-implemented inventions. The Supreme Court's decision could have significantly altered the patent landscape for years to come. Instead, the Court essentially maintained the status quo and left the door open for new tests that could expand or contract the scope of patent protection for such inventions.

In Bilski, the Supreme Court was asked to review whether the Federal Circuit Court of Appeals' "machine-or-transformation test" was the proper test to apply in determining patent-eligibility of business methods and other software-implemented inventions.

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