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For the first time in a generation, the nation’s highest court on Monday pondered the question of which inventions are eligible for patent protection. For the petitioner, Bernard Bilski, the issue was whether he’d get a patent on “a method for managing the consumption risk costs of a commodity sold by a commodity provider.” The exchange gave him little reason for optimism. For the rest of us, the crucial question is what rule will be applied for patent eligibility in the future. On that question, the discussion was anything but clear.

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