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The Bilski Decision Is In: Buh-Bye [Most] Business Methods Patents - As text, and updated 3Xs

By Pamela Jones et al.

Pop some champagne! The Appeals Court decision [PDF] is in on Bilski: I'm still reading it, but on first quick reading, one thing is clear: it's a win! Eligible patent matter just got smaller. Here's a snip from the opening:

We affirm the decision of the Board because we conclude that Applicants' claims are not directed to patent-eligible subject matter, and in doing so, we clarify the standards applicable in determining whether a claimed method constitutes a statutory "process" under § 101.

This was an appeal against a rejection of a business methods patent, and the appeals court has now agreed with the rejection. At issue was whether an abstract idea could be eligible for patent protection. "Anything under the sun made by man" now means not just anything, but things *made* by man, "not to methods of organizing human activity," the court rules. Buh-bye business methods patents! [Most of them: see update.] And it ends like this:

In short, the history of §101 fully supports the majority's holding that Bilski's claim does not recite patentable subject matter. Our decision does not reflect "legislative" work, but rather careful and respectful adherence to the Congressional purpose.

That's on page 56 of the PDF, page 20 of the ruling. The rest of the 132-page PDF are three vigorous dissents, some believing the court is going too far and some thinking it didn't go far enough.

Full post as published by Groklaw on October 30, 2008 (boomark / email).