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Examples

  • Ten years after State Street, the Patent and Trademark Office wisely denied Bilski's application -- not by attacking State Street head-on but by pointing to another test that the Supreme Court had used in earlier cases: The principle that a patent for a process must be tied to a particular machine or involve a transformation of matter.

    Brian Kahin: The Expanding Twilight Zone of Abstract Uncertainty 2010

  • Ten years after State Street, the Patent and Trademark Office wisely denied Bilski's application -- not by attacking State Street head-on but by pointing to another test that the Supreme Court had used in earlier cases: The principle that a patent for a process must be tied to a particular machine or involve a transformation of matter.

    Brian Kahin: The Expanding Twilight Zone of Abstract Uncertainty Brian Kahin 2010

  • Not one Justice defended Bilski's method claim directed to hedging risks in commodities trading.

    Bilski Oral Argument at the Supreme Court Peter Zura 2009

  • What appeared to bother the court the most was the concept of business methods based entirely on human activity, or, as Bilski's attorney Michael Jakes put it, "methods of organizing human behavior."

    Archive 2009-11-01 Peter Zura 2009

  • Not one Justice defended Bilski's method claim directed to hedging risks in commodities trading.

    Archive 2009-11-01 Peter Zura 2009

  • What appeared to bother the court the most was the concept of business methods based entirely on human activity, or, as Bilski's attorney Michael Jakes put it, "methods of organizing human behavior."

    Bilski Oral Argument at the Supreme Court Peter Zura 2009

  • On problem the court had to deal with was Bilski's "all-in" approach towards the claim limitations and the resulting appeal.

    Archive 2008-11-01 Peter Zura 2008

  • On problem the court had to deal with was Bilski's "all-in" approach towards the claim limitations and the resulting appeal.

    In Re Bilski: Did Computer and Software "Machines" Get a Pass? Peter Zura 2008

  • Bilski's attorney argued that everything with "real world" effects should be patentable under Federal Circuit's 1998 State Street decision -- just any effect outside of the human mind.

    Brian Kahin: Patents for All: The System That Could Not Contain Itself 2008

  • Claim 1 of Bilski's patent application 08/833,892 reads as follows: 1. A method for managing the consumption risk costs of a commodity sold by a commodity provider at a fixed price comprising the steps of:

    BPAI Decides to Test "Pure" Business Methods at CAFC - Holds Application Unpatentable under 35 U.S.C. §101 Peter Zura 2007

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