Patent Law | Expert Legal Commentary
July 9, 2010
Bilski v. Kappos: Machine-or-Transformation Test Is Not the Sole Test for Patentability
Bilski v. Kappos
By
Thomas F. Zuber and Benjamin C. Deming of Zuber & Taillieu, and Yuri Mikulka
In a long-awaited opinion, the U.S. Supreme Court affirmed the Federal Circuit Court’s ultimate holding in In Re Bilski, but held that the Federal Circuit’s machine-or-transformation test is not the sole test for patentability of a claimed process. Bilski v. Kappos, ___ U.S. ___, 2010 WL 2555192, No. 08-964 (June 28, 2010), broadens the field of patentable processes compared to the Federal Circuit’s interpretation by refusing to adopt categorical rules. However, the opinion fails to provide clear guidance as to the patentability of business methods.
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About the Authors
Thomas F. Zuber is a Partner of Zuber & Taillieu, focusing on intellectual property protection and exploitation.
Benjamin C. Deming is an Associate of Zuber & Taillieu, focusing on intellectual property law, particularly patent and trademark litigation.
Image Credit: ©iStockphoto.com/cmcderm1
