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The Relevance of In re Bilski to the Patentability of the Metabolite Claim

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- In the Bilski case, the Federal Circuit confirmed that the judges have learned the hard lessons of ten years of Supreme Court reversals. The decision is based solely and completely on what the judges seem to believe is the "test" mandated by Supreme Court precedent, based in large part on the Supreme Court's decision in Gottschalk v. Benson, 409 U.S. 63 (1972). The test is a simple one: for a process to be eligible for patenting (i.e., to be deemed patentable subject matter under 35 U.S.C. § 101), it must be claimed to include one...

Full post as published by Patent Docs on November 18, 2008 (boomark / email).