ARTICLE | Politics & Policy

PTO issues interim guidance in light of Bilski

July 27, 2010 11:46 PM UTC

The U.S. Patent and Trademark office issued interim guidance in determining patent eligibility of process claims in view of last month's U.S. Supreme Court decision in Bilski v. Kappos. The guidance is in line with the SCOTUS decision that the machine-or-transformation test is not the sole test for determining whether some processes are eligible for patenting. The PTO also describes other factors for determining eligibility, including if a claim involves an application of a law of nature or is more than a general concept. Comments on the guidance are due by Sept. 27. ...