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In re Bilski: Federal Circuit Addresses Standard for Patentability of Business Methods”

On October 30, 2008, the Court of Appeals for the Federal Circuit issued the long-awaited decision in In re Bilski. The Bilski decision clarifies the test for patentable subject matter, particularly as it relates to business methods. Although the specific claims at issue in Bilski were ruled unpatentable, the Federal Circuit did not hold that all methods of doing business are unpatentable.

This Stroock Intellectual Property Practice Group Special Bulletin provides a brief overview of the Bilski decision and its potential effect on issued patents and pending patent applications directed to business methods, software, and computer-implemented financial processes.

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