“Further developments concerning the patentability of processes,” Bret A. Hrivnak, Esq.

Bret A. Hrivnak

In In re Bilski (2008), the U.S. Court of Appeals for the Federal Circuit (CAFC) identified the “machine-or-transformation test” as the proper test for determining if a process (i.e., a method) is patent-eligible under Section 101 of the U.S. Patent Laws. The CAFC, however, did not determine whether simply claiming a programmed computer in combination with functional steps to be performed by such computer was eligible for patent protection. In a more recent case titled Ex Parte Halligan, the United States Patent and Trademark Office Board of Patent Appeals and Interferences decided this particular issue.

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