The US Supreme Court gave earlier today his most important decision on patents within the last few years, and one of the most important decision on patents ever – in the very long-waited case of bilski. The full decision can be accessed here.
While this has nothing to do with European, UK or Israeli law, this decision is of much interest to anyone with any interst in patents, so of course we cannot ignore it.
The Fundamentals of the decision:
- The bilski patent itself was invalidated as being a mental act.
- Business methods are not excluded from patentability.
- The court did not exclude software as patentable, but did not also confirm that software is patentable.
- The “Machine-or-Transformation” test can provide a “clue” as to what processes can be patentable. It is not a conclusive test.
We find this decision a great victory to patent owners.
Bilski v. Kappos (Supreme Court 2010)(08-964)