10 Pages Posted: 6 Jan 2012
Date Written: January 5, 2012
My goal in this brief Essay is to introduce the symposium papers by describing the basics of the Bilski case. I also offer a brief thought about where interested observers might turn next in the U.S. Court of Appeals for the Federal Circuit's § 101 jurisprudence for insights about how that court may implement Bilski's unmistakable revival of Benson and Fook. Specifically, now that the 15-year Alappat/State Street misadventure, with its patent-maximizing "useful, concrete, and tangible result" standard, has come to an end, it is time to revisit the reasoning and results in a rich trove of cases from the Federal Circuit and its predecessor, the U.S. Court of Customs and Patent Appeals (CCPA).
Keywords: Intellectual Property, Patents, Bilski v. Kappos, Process, 35 USC 101
JEL Classification: K19, K39
Suggested Citation: Suggested Citation
Miller, Joseph Scott, Bilski v. Kappos: Everything Old is New Again (January 5, 2012). Lewis & Clark Law Review, Vol. 15, 2011. Available at SSRN: https://ssrn.com/abstract=1980197