CMS Made Simple News Feed http://www.letterspatent.com Current News entries Why does a patent application filed in 1997 have the capacity to shake up the patent world? http://www.letterspatent.com/index.php?module=News&id=cntnt01&cntnt01action=detail&cntnt01articleid=15&cntnt01returnid=15 Mon, 12 Apr 2010 17:18:53 GMT General What's in store for business method patents? Just over 13 years ago, Bernard Bilski and Rand Warsaw filed a patent application for a method of hedging risks in commodities trading. After many years of waiting, their patent application was rejected by the U.S. Patent & Trademark Office (USPTO), so they appealed to the Board of Appeals and Interferences within the USPTO. The Board affirmed the rejection, so in 2007 they took their appeal further to the U.S. Court of Appeals for the Federal Circuit (CAFC). The CAFC upheld the rejection in a decision rendered in 2008.  Bilski and Warsaw were not satisfied, so they appealed this all the way to the U.S. Supreme Court and in 2009 had their final chance when the Supreme Court granted them the opportunity to be heard.Late last year, 67 amicus briefs filed by patent owners, bar associations, interested organizations, academics, and individuals made their way into the record. The Supreme Court finally heard oral arguments on November 9th, 2009.We now await the decision from the Supreme Court. Their decision is expected to have a profound effect on the patenting of so-called “business method” patents. So is this the calm before the storm?  Lately, it seems very likely that the pendulum is swinging towards a more narrowed patentability standard.  If so, what will this mean for the many business method patents already in the pipeline at the USPTO?  Only time will tell, so stay tuned! What's in store for business method patents?

Just over 13 years ago, Bernard Bilski and Rand Warsaw filed a patent application for a method of hedging risks in commodities trading. After many years of waiting, their patent application was rejected by the U.S. Patent & Trademark Office (USPTO), so they appealed to the Board of Appeals and Interferences within the USPTO. The Board affirmed the rejection, so in 2007 they took their appeal further to the U.S. Court of Appeals for the Federal Circuit (CAFC). The CAFC upheld the rejection in a decision rendered in 2008. 

Bilski and Warsaw were not satisfied, so they appealed this all the way to the U.S. Supreme Court and in 2009 had their final chance when the Supreme Court granted them the opportunity to be heard.

Late last year, 67 amicus briefs filed by patent owners, bar associations, interested organizations, academics, and individuals made their way into the record. The Supreme Court finally heard oral arguments on November 9th, 2009.

We now await the decision from the Supreme Court. Their decision is expected to have a profound effect on the patenting of so-called “business method” patents.

So is this the calm before the storm?  Lately, it seems very likely that the pendulum is swinging towards a more narrowed patentability standard.  If so, what will this mean for the many business method patents already in the pipeline at the USPTO?  Only time will tell, so stay tuned!

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