Patent Law | Expert Legal Commentary
January 7, 2009
In re Bilski: Business Method Patents Take a Hit; State Street Bank Is Out
In re Bilski
By
Olivier A. Taillieu of Zuber & Taillieu LLP and Spyros J. Lazaris
The eagerly-awaited decision in In re Bilski, 545 F.3d 943 (Fed. Cir. 2008) -- issued by the U.S. Court of Appeals for the Federal Circuit sitting en banc -- significantly narrowed the scope of patentability for business method and process patents. The Court essentially discounted the applicability of State Street Bank v. SIgnature Financial Group, 149 F.3d 1368 (Fed. Cir. 1998), the decision that sparked the business method patent debate. Instead, the court announced that the “machine-or-transformation” test exclusively would determine the eligibility of a process for patenting. However, the court – and the three dissenting opinions - left numerous open questions, leaving the business method patent debate to continue, albeit with some limitations.
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About the Author
Olivier A. Taillieu is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/da-kuk