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On June 28, 2010, the last day of its term, the U.S. Supreme Court issued its eagerly awaited opinion on one of the most controversial issues in patent law, business method patents, Bilski v. Kappos, 2010 WL 2555192. Those who hoped that the Court would simply do away with business method patents—or at least announce a stringent test that would limit their grant or enforcement—were disappointed. While four justices would indeed outlaw business method patents, the majority of the Court refused to go that far, affirming the Patent Office’s rejection of a business method application but leaving for the future the development of a comprehensive set of criteria to govern claimed business method inventions.

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