Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

KickerFeaturesTopicsCommercial LawLitigationTechnology Media and TelecomSectionsNewsLJN NewslettersThe Intellectual Property Strategist

<i>In Re BilskiM</i>: Patent Eligibility of Business Methods Under 35 U.S.C. ' 101

BY Julia S. Kim
November 30, 2009

On Nov. 9, 2009, the Supreme Court heard oral argument in In re Bilski, 08-964 ' a case that will likely impact whether business methods are eligible for patent protection under 35 U.S.C. ' 101. To date, the Supreme Court has held that abstract ideas, natural phenomena, and laws of nature are not patent eligible, but has yet to apply that holding to a business method. The particular business method at issue in Bilski is a method for hedging commodities risk. Regardless of whether Bilski's particular hedging method is patent eligible, the critical issue is “the test” that the Supreme Court will apply in deciding that issue.

The Supreme Court may also provide guidance as to whether the test it adopts should be applied to other methods and processes, such as medical diagnostic tests and computer software. The possibility of a broader holding has raised concerns in a wide array of industries other than financial services, as evidenced by the 67 amicus briefs that were submitted.

This article provides a brief overview of the legal landscape leading up to Bilski and summarizes arguments raised by Petitioner Bilski, Respondent United States Patent and Trademark Office (“USPTO”), and amici, as well as points made by the Supreme Court during oral argument.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.