U.S. Supreme Court Grants Review for Landmark Case Concerning Patentable Subject Matter
As we informed you in November, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an en banc decision, In re Bilski, clarifying whether business methods are patentable subject matter under 35 U.S.C. § 101. In Bilski, the applicant’s claims were rejected on the grounds that they were merely a manipulation of an abstract idea and, thus, unpatentable under § 101. In affirming the rejection, the CAFC held that a “claimed process is surely patent-eligible under § 101 if: (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing,” hence, purportedly following the Supreme Court’s “machine or transformation” test.
Today, however, the U.S. Supreme Court granted Bilski’s petition for writ of certiorari. Every amicus brief supported the grant of certiorari showing the overwhelming displeasure with the CAFC’s decision. Furthermore, since 2001, the Supreme Court has not affirmed any CAFC patent decisions. Based on these two facts, we believe there is a strong possibility that the Supreme Court will again reverse or vacate the CAFC. Stay tuned.