USPTO Issues Statement in Response to Supreme Court Ruling

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jg
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USPTO Issues Statement in Response to Supreme Court Ruling

Postby jg » Sat Jul 03, 2010 1:04 am

June 28, 2010 from http://www.uspto.gov/news/pr/2010/10_30.jsp
USPTO Issues Statement in Response to Supreme Court Ruling in Bilski v. Kappos

The USPTO issued the following statement in reaction to today’s Supreme Court ruling in Bilski v. Kappos:

“The Supreme Court today affirmed the USPTO’s decision that Mr. Bilski’s invention was not patentable subject matter as his claims were drawn to an abstract idea. Significantly, the Court ruled that the “machine or transformation” test is not the sole determinant of patent eligible subject matter for process claims, but is nevertheless an important “investigative tool” for evaluating their patent eligibility. The Court also indicated that a business method is, at least in some circumstances, eligible for patenting under Section 101.”

“The USPTO will be issuing guidance further interpreting the decision as soon as possible. The USPTO is distributing interim guidance for the examining corps today.”

The opinion can be found on the Supreme Court Web site at: http://www.supremecourt.gov/opinions/09pdf/08-964.pdf.


See http://www.patentbaristas.com/archives/ ... -decision/ for a copy of the Memorandum
“Where there is an income tax, the just man will pay more and the unjust less on the same amount of income.” — Plato

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