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USPTO Issues Memo to Examiners on Bilski Decision

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

By Sydney Kokjohn -- On June 28, 2010, the Acting Commissioner For Patent Examination Policy, Robert W. Bahr, issued a memo to USPTO examiners regarding the Supreme Court's recent Bilski v. Kappos decision. Commissioner Bahr summarized the decision, noting that the Court: (1) confirmed that 35 U.S.C. § 101 specifies four categories of inventions: process, machines, manufactures, and compositions of matter and that laws of nature, physical phenomena, and abstract ideas were not patentable; (2) used past precedent (Benson, Flook, and Diehr) to find that Bilski's business method was not a patentable process because it was an attempt to patent...

Full post as published by Patent Docs on July 16, 2010 (boomark / email).