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Bilski v. Kappos

30 June 2010

Intellectual Property Alert

On 28 June 2010 the U.S. Supreme Court affirmed the Federal Circuit's decision in In re Bilski, 545 F.3d 943 (Fed. Cir. 2008), holding that Bilski's claims were not patentable under 35 U.S.C. § 101 because they recited abstract ideas. In so holding, however, the Court also concluded that the "machine-or-transformation test" was not the sole and exclusive test for determining patentable subject matter under 35 U.S.C. § 101, and that § 101 does not categorically exclude from patentability business methods or processes.

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