• U.S. Supreme Court Issues Opinion in Bilski Case
  • July 6, 2010
  • Law Firm: Kaye Scholer LLP - New York Office
  • The U.S. Supreme Court has just issued its long-awaited decision in Bilski v. Kappos, regarding the scope of patentable subject matter, including the patentability of business methods. In a surprisingly limited ruling, the Court affirmed that Bilski’s claimed method for hedging against risk of price changes in commodities transactions is not a patentable process. The Court reiterated the unpatentability of abstract ideas, confirmed the continued utility and importance of the “machine or transformation” test for patentable subject matter as a non-exclusive test for patentable subject matter, and declined to endorse a categorical exclusion of entire classes of subject matter such as business methods from the scope of patentable subject matter.