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Bilski v Kappos : The United States Supreme Court delivers mixed views on patenting non-physical inventions and business methods

McEniery, Benjamin J. (2010) Bilski v Kappos : The United States Supreme Court delivers mixed views on patenting non-physical inventions and business methods. Proctor, 30(11), pp. 24-26.

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Abstract

The United States Supreme Court has handed down a once in a generation patent law decision that will have important ramifications for the patentability of non-physical methods, both internationally and in Australia. In Bilski v Kappos, the Supreme Court considered whether an invention must either be tied to a machine or apparatus, or transform an article into a different state or thing to be patentable. It also considered for the first time whether business methods are patentable subject matter. The decision will be of particular interest to practitioners who followed the litigation in Grant v Commissioner of Patents, a Federal Court decision in which a Brisbane-based inventor was denied a patent over a method of protecting an asset from the claims of creditors.

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ID Code: 46795
Item Type: Journal Article
Additional URLs:
ISSN: 1321-8794
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2010 Ben McEniery
Deposited On: 03 Nov 2011 11:04
Last Modified: 03 Nov 2011 11:09

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