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THE NARROW SCOPE OF BILSKI

by | Jun 28, 2013 | Patent | 0 comments

As noted previously, the U.S. Supreme Court issued its long-awaited opinion in Bilski v. Kappos today.  Although the Bilksi patent in dispute was drawn to particular business method claims for hedging risk and the application of that concept to energy markets, many in the field of intellectual property have been curious of the possible effects a decision in Bilski could have for other business methods, such as software and medical diagnostic methods.

For now, the intellectual property community will have to continue to wait.  In Bilski, the U.S. Supreme Court limited their decision to the patentability of the particular methods of the patent at issue, and declined to address the patentability of business method claims in general, much less other specific kinds of business methods.  Accordingly, other business methods, such as software and medical diagnostics methods, have not been ruled on, nor have they been ruled out.