IP Watch Special Edition

July 9, 2010

Bilski: One Step Forward… Two Steps Back

By: Royal W. Craig

The Supreme Court has finally issued its opinion in the long-awaited Bilski “business method patent” case, which might have decided the fate of business method patents, and might have had even more far-reaching effects on software and medical/biotech patents. However, not much is clear from the opinion except that the patent application at issue is indeed invalid. Beyond that the opinion chastises the USPTO and Federal Circuit for applying their prevailing patentability standard too rigidly, and extends an invitation to the Federal Circuit to find better standards and to Congress to legislate a solution.