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Biotechnology, Health and Business in Canada, the United States and Worldwide

Tag Archives: Bilski

Key Quotes from the U.S. Supreme Court’s Decision in Bilski Shows No Current Impact on Biotech

Many expected the U.S. Supreme Court’s decision in Bilski to have a far-reaching impact on methods patents, including biotechnology diagnostics and drug development. That turned out not to be the case, with the Court deciding on narrow grounds that the actual patent at issue was improperly granted and reminding the Federal Circuit that it prefers common law minimalism over broad rule-setting in this area.

A few key quotes give you a sense of where the Court reached consensus. Here was their message to the patentee:

“[A]ll members of the Court agree that the patent application at issue here falls outside of §101 because it claims an abstract idea.”

Here was their message to the Federal Circuit: 

“The machine-or-transformation test is not the sole test for deciding whether an invention is a patent-eligible ‘process.’”

And here was their message to future patentees:

“while §273 appears to leave open the possibility of some business method patents, it does not suggest broad patentability of such claimed inventions.”

Those interested biotech patenting will need to keep an eye on directly-applicable fact patterns.


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