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ARTICLE · 02 JULY 2010

Supreme Court Decision Alert - June 28, 2010

Mayer Brown
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Under Section 101 of the Patent Act, four categories of inventions may be patented: a "process, machine, manufacture, or composition of matter."

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published June 28, 2010

Keywords: appellate, Patent Act, inventions, Bilski, Sarbanes-Oxley Act, Public Company Accounting Oversight Board, separation-of-powers,

Today the Supreme Court issued two decisions, described below, of interest to the business community.

  • Patent Law—Patentable Subject Matter
  • Sarbanes-Oxley Act—Separation of Powers—Constitutionality of Public Company Accounting Oversight Board

Patent Law—Patentable Subject Matter

Bilski v. Kappos, No. 08-964 (previously discussed in the June 1, 2009 Docket Report).

Under Section 101 of the Patent Act, four categories of inventions may be patented: a "process, machine, manufacture, or composition of matter." 35 U.S.C. § 101. In a decision with profound importance to the patent system, the Supreme Court held today in Bilski v. Kappos, No. 08-964, that a method for hedging against the risk of price changes in the energy market is not a patentable "process." 

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