The U.S. Court of Appeals for the Federal Circuit issued its In re Bilski en banc decision on October 30, 2008. This long-awaited decision speaks to the scope of patent-eligibility for processes, including business methods and computer software, and will have far-reaching implications regarding patent-eligible subject matter. Bilski may be the single most important patent-eligibility case since the U.S. Supreme Court’s 1980 Chakrabarty “living” invention and the 1981 Diehr software cases.
During the conference, our speakers discussed viable options and provided pragmatic analysis concerning the Bilski decision, including the modification of State Street Bank for business method patent-eligibility and the revised tests for computer software patent-eligibility.
Additional discussion topics included:
- What are the practical implications of the Federal Circuit’s announcement of the machine-or-transformation test being the proper test for patent-eligibility for process claims?
- How will the adoption of the machine-or-transformation test change what can be patented?
- What is likely required in order for a process to be “tied” to a machine?
- What practical strategies can be employed in drafting claims that recite patent-eligible subject matter?
- What is the likely impact of Bilski on the enforcement of software and business method patents?
Featured Foley Speakers:
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David G. Luettgen, Partner, Electronics Practice
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C. Edward Polk, Jr., Senior Counsel, IP Litigation Practice
Featured Guest Speakers:
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Robert J. Glance, Senior Counsel, Wells Fargo Bank, N.A.
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Robert A. Stewart, Director and Chief Patent Counsel of Americas, UBS AG
For additional information, please contact Pagette Fischer at [email protected] or 414.297.4960.
