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.
