Supreme Court To Hear Bilski Case
The Supreme Court agreed Monday to consider what types of business methods qualify for patent protection in a case with ramifications for the software, biotechnology and financial services industries, Bloomberg News reported. The justices said they will review a lower court decision that narrowed the class of patentable inventions, excluding some innovations that do not have a physical component. Because it came from the federal appeals court that handles all patent appeals, the ruling had marked a watershed in U.S. intellectual property law. The case (Bilski v. Doll) will mark the first time since 1981 the Supreme Court has ruled on the types of innovations covered by the U.S. Patent Act.
Computer and Communications Industry Association President Ed Black said he was pleased with the additional opportunity the case provides for legal clarity. "The lack of limits on patentable subject matter as a result of the State Street decision has created chaos in the marketplace and provided fertile breeding ground for patent trolls," he said. "We are pleased by the federal circuit decision in Bilski because it cuts back on what has been an extremely problematic area in the patent system that stems from granting patents on abstract subject matter. We hope the Supreme Court will return to the wisdom of its earlier rulings and affirm strong principles about the limits of patentable subject matter."
More details about the case: Patently-O Blog, SCOTUS Blog, The 271 Patent Blog.
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