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IP: Federal Circuit Rules on Patent Eligibility After Bilski

Recently, the Federal Circuit evaluated the patent eligibility of computer-implemented process and medical diagnostic claims, relying on the Supreme Court's guidance set forth in Bilski v. Kappos, 130 S.Ct. 3218 (2010). The Federal Circuit in Research Corp. Techs. v. Microsoft Corp., Appeal No. 2010-1037 (Fed. Cir. Dec. 8, 2010) held that processes relating to digital image halftoning were patent-eligible and not abstract ideas, even where the claims contained algorithms and formulas. In Prometheus Laboratories, Inc. v. Mayo Collaborative Services, No. 2008-1403 (Fed. Cir. 2010), the Federal Circuit held that medical diagnostic claims are not per se unpatentable for claiming natural phenomena.

Patent Eligibility After Bilski

Antoinette Konski

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