In re Bilski: Has the Federal Circuit Overly Restricted What is Patentable Subject Matter?

In re Bilski : Has the Federal Circuit Overly Restricted What is Patentable Subject Matter?

After many eagerly anticipated months, the Federal Circuit fulfilled Judge Paul Michel's promise and issued its en banc opinion in In re Bilski . 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.

James W. Morando is a partner and Eugene Y. Mar is an associate in the Intellectual Property Law Department of Farella Braun + Martel in San Francisco. Morando can be reached at [email protected] and Mar can be reached at [email protected].

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