Supreme Court Grants Cert. In Bilski
The Supreme Court of the United States today granted certiorari in the Bilski case. The primary question the Supreme Court has been asked to answer is: whether the Federal Circuit's "machine-or-transformation" test is the appropriate test to determine whether a claimed process should be patentable subject matter. To be valid, a claimed invention must (1) fall within one of the specified categories of patentable subject matter, (2) be novel, and (3) not be obvious. This case deals with the first threshold issue of patentability.
Although the original Bilski case involved a pure business method (i.e., not implemented in software), it is likely that the Supreme Court's decision could have an impact on software patents because many patent applications directed to software recite "method" or process claims.
A large number of patent practitioners and their clients will be watching this case closely.
