Background
In re Bilski, originated in the U.S. Patent and Trademark Office (PTO) and was the subject of an en banc 2008 decision rendered by the U.S. Court of Appeals for the Federal Circuit. The PTO rejected Bilski's patent application on the basis that it was not a “process” as that term is understood in patent law. According to the PTO, in order to be patentable, a process must either be tied to a particular machine or it must transform something tangible. The Federal Circuit affirmed the PTO in an en banc decision, concluding that under controlling U.S. Supreme Court precedent a process must either be tied to a machine or it must transform something to be patentable.
On June 1, 2009, the U.S. Supreme Court granted certiorari in Bilski v. Kappos.
On June 28, 2010, the U.S. Supreme Court ruled that a business method invention was not entitled to a U.S. patent because it was merely an abstract idea. In Bilski v. Kappos, the Court said that business methods should be eligible for patent protection as long as they do not constitute an abstract idea or fall within another recognized exception to patentability.
Court Documents
Media
Banner & Witcoff attorneys are available to answer questions and discuss Bilski v. Kappos. Media inquiries should be directed to Colleen Strasser at (312) 463-5465 or cstrasser@bannerwitcoff.com.
