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ARTICLE · 03 JUNE 2009

Supreme Court Docket Report - June 1, 2009

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Under Section 101 of the Patent Act, 35 U.S.C. § 101, an “idea” is not patentable, but a “process” may be.

United StatesLitigation, Mediation & Arbitration

Originally published June 1, 2009

Keywords: Supreme Court, Patent Law, Patentable Subject Matter, Bilski v. Doll, hedging risk, commodity prices, patent application,

Today the Supreme Court granted certiorari in one case of interest to the business community:

Patent Law—Patentable Subject Matter

Under Section 101 of the Patent Act, 35 U.S.C. § 101, an "idea" is not patentable, but a "process" may be.  Today, the Supreme Court granted certiorari in Bilski v. Doll, No. 08-964, to decide when a "process" is patent-eligible.

Bilski has already generated considerable interest in the business community—nearly 40 amicus briefs were filed in the Court of Appeals for the Federal Circuit when it considered the case en banc.  Although the patent-in-suit is narrow, the Supreme Court's resolution of the case could affect the patentability of business methods, computer software, and financial instruments.

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