November 10, 2009
The following post comes from Prof. Jay Dratler, Jr.:
The case of Bilski v. Kappos, argued yesterday before the Supreme Court, 2009 Term, No. 08-964, addresses a question vital to the survival of our free enterprise system. (Number citations are to pages and lines of the oral argument transcript.)
Can anyone with a new and nonobvious business [...]
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November 6, 2008
On Friday the Federal Circuit issued its long-awaited en banc decision in In re Bilski (No. 2007-1130 , Serial No. 08/833,892), clarifying the legal test for patentable subject matter under 35 U.S.C. § 101. The nine of twelve judges who signed the majority opinion announced a "machine-or-transformation" test for patentable subject matter. Although urged to [...]
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