Long-Awaited “Bilski” Decision Restricts Patentability Of Software, Business Methods

Robert S. Blasi , Steven J. Frank and Joel E. Lehrer of Goodwin Proctor report that the Federal Circuit has upheld a ruling by the U.S. Patent Office denying a patent for methods of hedging in commodities trading. In doing so, the court considered earlier Supreme Court decisions and announced a new test for patentable subject matter.
According to Goodwin Proctor, the Federal Circuit’s ruling reflects a growing tendency among courts to subject patents to increased scrutiny. The Bilski decision is significant because it may affect a patentee’s ability to enforce existing patents, the prospects for pending patent applications and the decision whether to file new patent applications directed to so-called “business methods” and software-related innovations. The ruling certainly makes review of existing portfolios of such patents advisable.

Long-Awaited “Bilski” Decision Restricts Patentability Of Software, Business Methods…