Supreme Court to decide what kind of “business methods” are entitled to patent protection

by Allen M Lee9. June 2009 12:10

On June 1, the U.S. Supreme Court granted review of the case In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008).  This was the landmark decision issued on October 30, 2008 by the U.S. Court of Appeals for the Federal Circuit which set forth a test requiring that a patentable process either be tied to a machine or apparatus or involve a transformation of one thing into something else (see May 21, 2009 blog entry for a discussion of In re Bilski).  A ruling isn’t expected until sometime next year.  


Allen M. Lee  Mr. Lee’s practice focuses on business, corporate and intellectual property matters, including the creation, protection and exploitation of intellectual property assets.  He counsels clients on business formation, general corporate matters, trademark, copyright, trade secret, patent, licensing, internet and domain name issues, among other things.  For more information contact: Allen M. Lee, a Professional Law Corporation, Tel: (650) 254-0758, Fax: (650) 967-1851, Email:, Internet: