Patent Law | Expert Legal Commentary
May 26, 2009
In re Ferguson: Affirming Bilski’s Machine-or-Transformation Test
In re Ferguson
By
Yuri Mikulka and Spyros J. Lazaris
In one of the first post-Bilski decisions by a Federal Circuit panel, the court confirmed the Bilski holding that business methods do not constitute patentable processes if they fail the machine-or-transformation test. Specifically, in In re Ferguson, 558 F.3d 1359 (Fed Cir. 2009), the Court held that the applicant’s marketing method and paradigm did not constitute patentable subject matter under 35 U.S.C. section 101 because it was too abstract and neither tied to a machine nor transformative.
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