Not a ‘Nose of Wax’: Patenting Processes in the Wake of Bilski v. Kappos
Peter Eldon Bracken
affiliation not provided to SSRN
December 18, 2010
The July 2010 U.S. Supreme Court decision in Bilski v. Kappos removed certainty as to what test federal courts and the U.S. Patent and Trademark Office will apply to determine whether a given process is patentable subject matter. However the Federal Circuit has continued to apply principles underlying the previous machine-or-transformation test. Tailoring method patent claims to meet the machine-or-transformation test would strengthen and support an inventor’s patent application in light of Bilski and other recent decisions.
Number of Pages in PDF File: 23
Keywords: 35 USC §101, Patent, Bilski, Supreme Court, Federal Circuit, Claim Drafting, Machine-or-Transformation, Classen, Prometheus Labs, Machine, Transformation, Process, Medical Treatment, Business Method, Intellectual Property
JEL Classification: A22, D21, D4, G18, I18, K00, K39, L65, O34, R38working papers series
Date posted: March 24, 2011
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