Machine-or-transformation is 'a useful and important clue', but not the sole test

摘要

On June 28, 2010, the United States Supreme Court issued its long-awaited decision in Bilski v Kappos? addressing whether inventions claiming business methods are eligible for patent protection. The Supreme Court affirmed the Court of Appeals for the Federal Circuit's ("Federal Circuit") en bane decision that the patent application in Bilski did not claim patent-eligible subject matter, but reversed the holding that the machine-or-transformation test was the sole test for determining whether an invention satisfied Section 101 of the Patent Act.