The Supreme Court has finally released the much anticipated Bilski v. Kappos. The machine or transformation test was upheld, but it is not the only test to determine if something is patentable under 101. A look at the factors of Diehr, Benson and Flook is also required. From SCOTUSblog, which covered the release of Bilski live:
Erin:
The Federal Patent Act does not categorically exclude business methods from eligibility to be patented.Erin:
The word "method" within the law's definition of "process" may include at least some methods of doing business. Even though the invention in this case would not be categorically barred from eligibility, the Court says that does not mean it qualifies as a process.
We will have much more coverage of Bilski soon, but for now, here is the opinion:
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