A petition for a writ of certiorari has recently been filed with the Supreme Court regarding the Federal Circuit's decision in In re Bilski. The petition presents the questions of whether the Federal Circuit erred in holding that a process must be tied to a particular machine or apparatus or transform an article into a different state or thing, and whether that "machine-or-transformation" test contradicts Congressional intent that patents protect methods of doing business.
Further briefs, including amici briefs are expected in the coming months. There is a modest chance that certiorari will be granted; if so the case would be heard during the next Term of Court.
For further developments, stay tuned to maierandmaier.com
Leave a comment