In re Bilski Revisited: Business-Method Patents to Go Before the Supreme Court

Ashby Jones writes:

This just in: The Supreme Court on Monday agreed to hear the case In re Bilski, on appeal from the Federal Circuit.

At issue is the via­bil­ity of so-​​called business-​​method patents, that is, whether busi­ness meth­ods and processes are patentable. Click here for cov­er­age from Scotusblog.

via Bilski! Supremes Grant Cert on Business-​​Method Patent Case — Law Blog — WSJ.

Michael Risch has more:

I was extremely crit­i­cal of the Federal Circuit opin­ion when it came out, and not just because of sour grapes that the ami­cus brief I wrote with three other pro­fes­sors was largely ignored (and worse yet, uncited!). I predicited in my prior posts that the new test would be a dis­as­ter, and — to my mind — it has been. Bilski’s machine or trans­for­ma­tion test (see here for a descrip­tion) has led to rejec­tions of a vari­ety of patents that were oth­er­wise seem­ingly inven­tive, and that were com­pletely unre­lated to the much maligned busi­ness meth­ods of Bilski. Worse (and a focus of my arti­cle), the opin­ion leaves the test so vague that no one can really know if they have patentable sub­ject mat­ter until after a long process.

via PrawfsBlawg: Hello Again and Bilski Redux

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