U.S. Supreme Court Grants Certiorari in Bilski v. Doll (formerly In re Bilski)
June 30, 2009
The Supreme Court has agreed to hear the appeal of the Court of Appeals for the Federal Circuit (CAFC) decision in In re Bilski (now re-named Bilski v. Doll). The case addresses the scope of patent eligible subject matter under 35 U.S.C. §101. In particular, two issues are presented to the Supreme Court for review:
- Whether the CAFC erred by holding that a “process” must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing (the “machine or transformation test”) in order to be eligible for patenting?
- Whether the CAFC’s “machine-or-transformation” test for patent eligibility, contradicts the Congressional intent that patents protect methods of doing or conducting business under 35 U.S.C.§273?
Oral arguments are expected this fall with a decision likely before the end of the upcoming term which ends in June 2010.
A copy of the June 1, 2009 order granting cert may be found here: http://www.supremecourtus.gov/orders/courtorders/060109zor.pdf
Please see our earlier synopsis of In re Bilski for a more detailed discussion of the earlier decision and some of the possible implications of the eventual Supreme Court decision. The earlier discussion may be found here: http://www.lahive.com/news_publications/item.html?id=296
