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After many eagerly anticipated months, the Federal Circuit fulfilled Judge Paul Michel’s promise and issued its en banc opinion in In re Bilski just as the 2008 World Series concluded. In this 132-page opinion, the Court tackled the fundamental question of what types of processes constitute patentable subject matter under 35 U.S.C. § 101. The controversial test enunciated by the majority attempts to create some baseline requirements for a patent-eligible process, but the dissenters suggest that the test stifles innovation and creates more confusion than clarity.

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