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June 28, 2010

  CONTACT: Peter Pappas or Jennifer Rankin Byrne

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Press Release, 10-30

USPTO Issues Statement in Response to Supreme Court Ruling in Bilski v. Kappos

The USPTO issued the following statement in reaction to today’s Supreme Court ruling in Bilski v. Kappos:

“The Supreme Court today affirmed the USPTO’s decision that Mr. Bilski’s invention was not patentable subject matter as his claims were drawn to an abstract idea.  Significantly, the Court ruled that the “machine or transformation” test is not the sole determinant of patent eligible subject matter for process claims, but is nevertheless an important “investigative tool” for evaluating their patent eligibility.  The Court also indicated that a business method is, at least in some circumstances, eligible for patenting under Section 101.” 

“The USPTO will be issuing guidance further interpreting the decision as soon as possible.  The USPTO is distributing interim guidance for the examining corps today.”

The opinion can be found on the Supreme Court Web site at:



United States Patent and Trademark Office
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Last Modified: 8/11/2010 12:02:23 PM