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Supreme Court to Consider Business Method Patents

Jim Ruttler, Patent Attorney

Posted Friday, June 5, 2009 by Jim Ruttler

The U.S. Supreme Court has agreed to take up Bilski on appeal. The lower appellate court has already ruled that Bilski’s claims towards a business method are not patentable subject matter. The rule set forth by the appellate court is that patentable subject matter must be tied to a particular machine or result in a physical transformation, thereby eliminating patent protection for most business methods. This ruling has considerable impact on the scope of patent protection and inventors and patent professionals are eager to hear whether the Supreme Court will reverse the lower court’s decision and allow protection for new business methods.

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