July/August 2010
World Intellectual Property Review
This article discusses the Bilski v. Kappos decision and the impact it has on the future of patent law, stating that there were no clear winners or losers and that the court decided it is better to leave the lower courts leeway in deciding cases on their particular circumstances than to possibly damage future innovation by unnecessarily limiting the scope of the statute. In Bilksi v. Kappos, the Supreme Court upheld the Federal Circuit’s finding that the claims were unpatentable based on its finding that Bilski was attempting to patent an abstract idea. It also rejected the Federal Circuit’s ‘machine or transformation’ test as the exclusive test for patentable processes. Michael Jakes, partner at Finnegan, argued the case for Bilski at the Supreme Court and stated, “We are disappointed by today’s decision because we believed the Bilski/Warsaw claims should be patentable under the broad language of the Patent Act. We are pleased, however, that the court rejected the Federal Circuit’s very limiting machine-or-transformation test and confirmed that business methods are not excluded from patenting...We will work within the guidance provided by the court to revise the Bilski/Warsaw claims and obtain the patent protection our client has sought for more than 10 years.”
Press Release
September 11, 2024
Announcement
Finnegan and Partner Daniel Chung Recognized by The National Law Journal
September 3, 2024
Announcement
September 3, 2024
Press Release
Finnegan Named a “True Trailblazer” for Its Continued Commitment to Mansfield Certification Process
August 16, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.