20th feb, 2008

10th anniversary review of State Street

The Court of Appeals of the Federal Circruit (CAFC) has decided to review its ruling in State Street vs Signature Corp. in the pending case In Re Bilski.

The court asks (itself) whether the patent application in re Bilski
1)  is within patentable subject matter
2) How patentable subject matter should be determined
3) is the application an expression of an abstract idea or mental process
4) whether a process must result in a physical transformation or tied to a machine to be patent eligible

This is important news because the court must decide if business processes are patentable….the result will have a huge impact mainly because the number of business process patent applications has boomed since the State street descision.

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