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 § 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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