Federal Circuit Decision in In re Bilski Has Far-Reaching Implications

Federal Circuit Decision in In re Bilski Has Far-Reaching Implications

Client News
On October 30, 2008, the Federal Circuit clarified the applicable standard for determining whether a claimed method constitutes a statutory process under 35 U.S.C. § 101 in concluding that a patent application claiming a method for hedging risk in the field of commodities trading was properly rejected by the Patent and Trademark Office (PTO) as not directed to patent-eligible subject matter. In re Bilski (Fed. Cir. Dkt. No. 2007-1130). The decision, which had been heavily anticipated by the patent bar, overrules several prior panel decisions of that court, and will have far-reaching implications for patent applicants, patent holders and the courts. For more on the decision, see our recent Email Alert.

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