Bilski: Some Business Method & Software Patents Survive
5 11 2008In re Bilski, __ F.3d __ (Fed. Cir. 2008) (en banc).*
Chief Judge Michel, writing for a nine judge majority, affirmed the Board of Patent Appeals and Interferences’ finding that Bilski’s invention — a commodities trading method for hedging risks — did not meet the 35 U.S.C. § 101 patentable subject matter requirement. The Federal Circuit held that State Street’s “useful, concrete, and tangible result” test was insufficient to determine patentability — disagreements have already started regarding whether State Street was narrowed or overturned. The Federal Circuit held that the Supreme Court’s “machine-or-transformation” test was the only test for determining patentability:
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