• Business Method Patents - What Does Bilski Stand For?
  • July 26, 2010 | Author: Andrew S. Langsam
  • Law Firm: Pryor Cashman LLP - New York Office
  • On June 28, 2010, the US Supreme Court issued its much anticipated Bilski v. Kappos decision concerning the patentability of inventions claimed in US patent applications directed to business methods. The case stands for the following: business method patents are not automatically excluded from potential patent protection; each case will be determined on its merits. There is no single test for determining patentable subject matter; however, it is clear that phenomena of nature and general abstract ideas are not patentable. All nine Justices determined that the Bilski claims were not patentable subject matter in that those claims sought patent protection for mere abstract ideas.