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The Supreme Court has taken an increased interest in patent cases in recent years. Two cases important to entities that file business method patents, software patents and medical diagnostics are Bilski v. Kappos and Mayo Collaborative Services v. Prometheus Laboratories, Inc. These cases addressed claimed processes that apply algorithms and natural phenomena, and what can be considered patent-eligible subject matter. In the wake of these Supreme Court decisions, recent Board of Patent Appeals and Interferences (BPAI) decisions discussed below provide patent applicants some insight as to how to structure patent claims in light of Bilski and Mayo.

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