Bilski v. Kappos: Sideline Analysis from the First Inning of Play

摘要

On June 28, 2010, the U.S. Supreme Court decided Bilski v. Kappos, a case that some described as having "the makings of a landmark decision in patent law. The Supreme Court reviewed the scope of the word "process," one of the four legislatively-enacted categories that are eligible for patent protection in § 101 of the Patent Act. A restrictive reading of the word "process" could curtail or eliminate the scope of patent protection for business method patents and information-intensive processes-namely software and diagnostic patents. But an expansive reading of the word "process" could ensure patent protection for "anything under the sun that is made by man."