Bilski - Two Questions In Bilski Whether the Federal...

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Two Questions In Bilski ●Whether the Federal Circuit erred by holding that a “process” must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing (“machine-or-transformation” test), to be eligible for patenting under 35 U.S.C. § 101, despite this Court’s precedent declining to limit the broad statutory grant of patent eligibility for “any” new and useful process beyond excluding patents for “laws of nature, physical phenomena, and abstract ideas.” ●Whether the Federal Circuit’s “machine-or-transformation” test for patent eligibility, which effectively forecloses meaningful patent protection to many business methods, contradicts the clear Congressional intent that patents protect “method[s] of doing or conducting business.” 35 U.S.C. § 273. Cases Leading Up To Bilski Gottschalk v. Benson , 409 U.S. 63 (1972) converting binary-coded-decimal numbers into pure binary numbers would be a patent “on the algorithm itself” The clue: “Transformation and reduction of an article ‘to a different state or thing’ is the clue to the patentability of a process claim that does not include particular machines.” Not really the clue: “It is argued that a process patent must be either tied to a particular machine or apparatus or must operate to change articles or materials to a ‘different state or thing.’ We do not hold that no process patent could ever qualify if it did not meet the
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Bilski - Two Questions In Bilski Whether the Federal...

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