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Patenting Business Methods – The Rules Change, but the Game is the Same

On October 30, 2008 the U.S. Court of Appeals for the Federal Circuit, which is the court of appeals for all patent matters, announced a much anticipated decision relating to the patentability of methods of doing business. The decision, entitled In re Bilski, involved an application for a patent on a risk management process applied to the business of commodities trading. The Patent and Trademark Office refused to issue a patent on the process, claiming the underlying subject matter was not eligible for a patent. The Federal Circuit agreed, and in the decision defined a test for identifying what methods of business are patentable.

Brian J. Laurenzo

Elias Swanson

Dorsey & Whitney LLP http://matr.net/click.php?id=44&url=http://www.dorsey.com/locations/Office.aspx?office=22

Full Story: http://www.dorsey.com/eupd_bilski_patent_methods_doing_business/

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