Practical Ecommerce

Bilksi Case: Internet Inventions Patent-Eligible, Says Attorney

The Bilksi case involved, potentially, a dramatic shift in U.S. patent law. It’s been awaiting decision by the U.S. Supreme Court since the Fall 2009, and today the court rendered its opinion. The case involved the scope of potential patents, and whether an invention must be tied to a machine to be patent eligible. It could impact many thousands of technology and Internet-related patents that are not tied to such machines. To explain the Bilski decision to us, we are joined by attorney Robert Kovelman, an intellectual property expert. He speaks with Practical eCommerce’s Kerry Murdock.

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Comment ( 1 )

  1. yingyang0 June 29, 2010 Reply

    Sorry Mr. Kovelman but it would be wise to reread the opinion. The Court simply said that while the Machine or Transformation test is not the SOLE possible test applicable, "the machine-or-transformation test is a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under §101." Either this attorney did not actually read the opinion in detail or hasn’t fully understood what the Court had said. The court did NOT say that business methods are clearly patentable, time to reread the plurality opinions. Moreover Scalia specifically did not sign on to the section of the Kennedy plurality opinion that discussed algorithms and software.