News

SCOTUS Examines Patent Policies

PBS Nightly Business Report
November 9, 2009

Related Professionals: Jakes, J. Michael

Media Mention

The Supreme Court heard oral arguments in the case of Bilski v Kappos, a case which could set the standard for patent protections in an increasingly knowledge-driven economy. Finnegan partner Michael Jakes represented inventors Bernard Bilski and Rand Warsaw, arguing that their work is the product of a knowledge economy: Jakes commented, “The real reason people are getting patents is because there has just been a huge surge in innovation in financial engineering and operations research, things in that area that now should be eligible for patenting.” Under current law, no one can patent an abstract idea, and the Court wanted to know where to draw the line on business method patents that don’t involve machines or technology. Jakes argued that as long as a business method is new and not obvious, it should be approved.