Patent Appeals Court Adopts Tough "Definitive Test" for Patents on Processes
On Oct. 30, 2008, the Court of Appeals for the Federal Circuit issued a decision, In re Bilski et al., that is likely to have considerable impact on many existing patents and how patent claims for methods are drafted. In its decision, the Federal Circuit rejected a claim for a method of doing business because it is not a process within the meaning of patent law. Principles adopted by the Federal Circuit indicate that:
- Some existing patents on “business methods” may be in jeopardy.
- Creative people should not be discouraged from pursuing patents on “business methods.”
- Process claims that recite the transformation of a physical object or substance, or an electronic signal representative of a physical object or substance as a central purpose of the “business method” may be patent eligible. Alternatively, apparatus claims that tie the “business method” to a particular machine or apparatus, such as a computer system, still appear to be patent eligible.
- Patent applications designed to protect “business methods” must be carefully crafted in light of this definitive test; artful claim drafting and descriptive support are essential. Continue reading...
