PRACTICAL ADVICE ON DRAFTING METHOD CLAIMS THAT SATISFY 35 U.S.C. § 101 AFTER BILSKI V. KAPPOS

摘要

The Supreme Court's Bilski decision provides very little new guidance on how § 101 should be applied. Bilski suggests that, in most cases, the machine-or-transformation test should remain the preferredrnstandard for determining whether process claims are patent-eligible under § 101. But the decision also signals that new law will have to be developed to deal with process claims that fail the machine-or-transformation test even though they are not drawn to abstract ideas, laws of nature, or physical phenomena.