Bilski vs Kappos: Patent “Business as Usual”

The much-awaited Bilski vs. Kappos business method case decision has been released by the Supreme Court. And, while the court affirms the decision in particular case, it decides not to do much of anything useful in narrowing the scope of patenting.

Here is Patently-O’s quick summary:

The Supreme Court has issued its opinion in Bilski v. Kappos. In the decision, the Supreme Court affirmed that Bilski’s risk-management method was not the type of innovation that may be patented. However, the machine-or-transformation test is not the sole test for determining patentability. Justice Kennedy authored the majority opinion. Justices Breyer and Stevens both wrote concurring opinions.

The outcome from the decision might be best stated as "business as usual."

Today, the Court once again declines to impose limitations on the Patent Act that are inconsistent with the Act’s text. The patent application here can be rejected under our precedents on the unpatentability of abstract ideas. The Court, therefore, need not define further what constitutes a patentable “process,” beyond pointing to the definition of that term provided in §100(b) and looking to the guideposts in Benson, Flook, and Diehr.

More later.

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