The Federal circuit in Bilski : the machine-or-transformation test
McEniery, Benjamin J. (2009) The Federal circuit in Bilski : the machine-or-transformation test. Journal of the Patent and Trademark Office Society, 91(4), pp. 253-271.
In a much anticipated judgment, the Federal Circuit has sought to clarify the standards applicable in determining whether a claimed method constitutes patent-eligible subject matter.
In Bilski, the Federal Circuit identified a test to determine whether a patentee has made claims that pre-empt the use of a fundamental principle or an abstract idea or whether those claims cover only a particular application of a fundamental principle or abstract idea. It held that the sole test for determining subject matter eligibility for a claimed process under § 101 is that: (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing. The court termed this the “machine-or-transformation test.” In so doing it overruled its earlier State Street decision to the extent that it deemed its “useful, tangible and concrete result” test as inadequate to determine whether an alleged invention recites patent-eligible subject matter.
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|Item Type:||Journal Article|
|Keywords:||physicality, bilski, patent, patentable subject matter, machine-or-transformation|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)|
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
Current > Schools > School of Law
|Copyright Owner:||Copyright 2009 Benjamin J. McEniery|
|Deposited On:||03 Jun 2010 14:02|
|Last Modified:||01 Mar 2012 00:05|
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