Patentability after Bilski – USPTO issues interim guidance on process claims

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Abstract: In a landmark decision last year, the U.S. Supreme Court held that the machine-or-transformation test isn’t the sole test for determining whether a business method or similar process is patentable. In light of that ruling, the U.S. Patent and Trademark Office (USPTO) issued interim guidance providing valuable insight on the types of claims that might qualify for patents. This article discusses the factors that favor patentability, along with those factors that oppose it. Bilski v. Kappos, No. 08-964, June 28, 2010 (Supreme Court)