Business Methods and Patent-Eligible Subject Matter in Light of Bilski v. Kappos

24 Pages Posted: 24 Jun 2010  

Roberto Manuel Suarez

affiliation not provided to SSRN

Date Written: April 25, 2010

Abstract

The legal, business, and scientific communities eagerly await the Supreme Court’s ruling in Bilski v. Kappos and many scholars, business leaders, and legal professionals try their best to anticipate how the Court will rule. Many patent attorneys and patent agents are drafting two sets of claims for their clients and the one they file will depend on how the Supreme Court rules.

For all of the opinions, articles, and conjecture, all one need do is study the law and look at the precedents to know that anticipating how the Supreme Court will rule in a case is akin to trying to gaze into a crystal ball. So, what will be the future of business methods as patent-eligible subject matter? Will the machine-or-transformation test stand? What will be the fate of the Bilski patent? An educated guess is the best that one can hope for in this situation.

Keywords: Bilski, Patent, Law, Business Methods, Patentable Subject Matter, Patentable Processes, Supreme Court

Suggested Citation

Suarez, Roberto Manuel, Business Methods and Patent-Eligible Subject Matter in Light of Bilski v. Kappos (April 25, 2010). Available at SSRN: https://ssrn.com/abstract=1611186 or http://dx.doi.org/10.2139/ssrn.1611186

Roberto Manuel Suarez (Contact Author)

affiliation not provided to SSRN ( email )

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