Bilski v. Kappos: Everything Old is New Again

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 ยง 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

Miller, Joseph Scott, Bilski v. Kappos: Everything Old is New Again (January 5, 2012). Lewis & Clark Law Review, Vol. 15, 2011, Available at SSRN:

Joseph Scott Miller (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States
706-542-5191 (Phone)
706-542-5556 (Fax)

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