Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

In The Press:
Bilski to raise questions for different industries

-Managing Intellectual Property, 17 November 2008, Eileen McDermott, New York

Patent practitioners highlighted the looming questions facing various industries as a result of the US Federal Circuit decision in In re Bilski in a web seminar held last week.

The eagerly awaited Bilski decision was published on October 30. While the Court reaffirmed that business methods are patentable, it rejected its previous "useful, concrete and tangible result" test, saying the "machine-or-transformation" test set out by the Supreme Court is the proper test to apply.

That test requires that, to be patentable, an invention must either be somehow tied to a machine or transformed into "a different state or thing".

The participants in Managing IP's webcast, held last Tuesday, dissected what the test means, what the decision as a whole signifies for the future for business method patents and what implications Bilski will have in other areas, such as life sciences.

Bilski to raise questions for different industries, 17 November 2008, Eileen McDermott, New York

Read the article here.

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