While many in the patent bar felt the long-awaited U.S. Supreme Court ruling in Bilski v. Kappos was devoid of any guidance on whether business methods, software and other processes are eligible for patent protection, the court's reasoning showed it was clearly protecting the potential patentability of new technologies.
In an opinion that affirmed a decision by the U.S. Court of Appeals for the Federal Circuit, the court rejected the bright-line test followed by the federal circuit but failed to craft or identify a replacement test. Rather, the court construed its holding narrowly, leaving patent attorneys, the federal circuit and the U.S. Patent and Trademark Office wondering how to determine whether business methods, software and other process inventions are eligible for patent protection.
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