Bilski — Throwing Back The Gauntlet

Patenly-O has more commentary on Bilski, including a great piece by Shubha Ghosh, Vilas Research Professor & Professor of Law at the University of Wisconsin Law School.

Vilas writes:

Ultimately, Bilski v Kappos says more about how patent law is made in the United States than about patentable subject matter. By setting the clock back to 1982, the Supreme Court is telling the Federal Circuit to try again in devising workable rules for patent law. The Federal Circuit wrote an opinion that was goading the Supreme Court to address the issue of patentable subject matter after nearly three decades. The resulting opinion raises some fundamental and unsettled questions and, unfortunately, gives us the same, old answers.

Read the complete commentary at Patently-O, or read the complete opinion in Bilski v. Kappos.

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