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The Scope of Patentable Subject Matter to be Reviewed
The federal circuit has on its own motion decided to hold an en banc hearing on the scope of patentable subject matter. The en banc order, In re Bilski, 2007-1130, (February 15, 2008), presents a number of important questions that depending on the answers could dramatically reshape the face of modern patent law.
(1) Whether claim 1 of the 08/833,892 patent application claims patent- eligible subject matter under 35 U.S.C. § 101?
(2) What standard should govern in determining whether a process is patent- eligible subject matter under section 101?
(3) Whether the claimed subject matter is not patent-eligible because it constitutes an abstract idea or mental process; when does a claim that contains both mental and physical steps create patent-eligible subject matter?
(4) Whether a method or process must result in a physical transformation of an article or be tied to a machine to be patent-eligible subject matter under section 101?
(5) Whether it is appropriate to reconsider State Street Bank & Trust Co. v. Signature Financial Group, Inc., 149 F.3d 1368 (Fed. Cir. 1998), and AT&T Corp. v. Excel Communications, Inc., 172 F.3d 1352 (Fed. Cir. 1999), in this case and, if so, whether those cases should be overruled in any respect?Amicus briefs are due in early April.
Posted by at February 18, 2008 1:50 PM in News & Commentary, Recent Cases | Permalink
