Thursday, February 9, 2012

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ANALYSIS: Patent Community Applauds Supreme Court’s Restraint in Bilski Decision, But Rues Lack of Guidance

Members of the U.S. patent community consulted by BNA expressed surprise and general pleasure that the U.S. Supreme Court chose not to exclude business method subject matter from patent eligibility in its much-anticipated June 28 Bilski decision. Bilski v. Kappos, 129 S. Ct. 2735, 95 USPQ2d 1001 (U.S. June 28, 2010) (see related article in this issue).

However, because the court provided no further guidance on determining Section 101 statutory subject matter, practitioners representing patent applicants, those seeking to enforce patents, and those defending allegations of…

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