• In re Bilski: Another Attempt to Define the Boundaries of Subject Matter Eligibility for U.S. Patents for Emerging Technologies
  • January 5, 2010 | Authors: Sherry Wu; E. Robert Yoches
  • Law Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. - Washington Office
  • The recent decision of the Federal Circuit in In re Bilski, 545 F.3d 943 (Fed. Cir. 2008), marked the end of a decade that saw the scope of patent-eligible subject matter in the United States stretch to its greatest extent by encompassing any invention that produced a useful, concrete and tangible result...In 2008, however, the same cout in Bilski considered the same statute and cases and reached a different conclusion, limiting patent-eligible processes to ones either tied to a particular machine or apparatus or that transform a particular article into a different state or thing. To appreciate the issues and controversies requires an understanding of the difficulties that U.S. courts have had in addressing software-related inventions.