In re Bilski

 
APPEAL NO.
07-1130
OP. BELOW
PATO
SUBJECT
Patent
AUTHOR
Michel

Question(s) Presented

Does Applicants’ claim—“a method of hedging risk in the field of commodities trading”—meet the eligibility requirement set forth in 35 U.S.C. § 101?

Holding

“Because the applicable test to determine whether a claim is drawn to a patent-eligible process under § 101 is the machine-or-transformation test set forth by the Supreme Court and clarified herein, and Applicants’ claim here plainly fails that test, the decision of the Board [to reject Applicants’ claims] is affirmed.”

Date
Selected Proceedings and Orders
October 1, 2007
October 30, 2008