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Bilski Heads to High Court

The U.S. Supreme Court granted certiorari June 1 in Bilski v. Doll. The case explores the patentability of business method patents. The question before the court in Bilski is whether a process is eligible for patenting if it is not tied to a machine or apparatus or does not transform a particular article into another state or thing, and whether that test--the "machine-or-transformation" test--contradicts with Congressional intent that patents protect methods of doing business. Check out more on the facts of Bilski and the issues it raises here.

In October 2008, the Federal Circuit applied the machine-or-transformation test in upholding a lower court decision that rejected business method patents. Read more about the Federal Circuit ruling here.

Among the organizations that filed amicus briefs in support of co-inventors Bernard Bilski and Rand Warsaw's petition for certiorari were Accenture, Pitney Bowes, Koninklijke Philips Electronics, Borland Software Corp., Medstem Inc. and the American Intellectual Property Law Association.

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Melissa Maleske

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