US Supreme Court Rejects “Machine-or-Transformation” Test for Determining Patent Eligibility

On June 28th, the US Supreme Court handed down its highly anticipated opinion in Bilski v. Kappos. As we previously reported (August 12, 2009), the Supreme Court took this case to review the Federal Circuit’s determination that the so-called “machine-or-transformation” test was the sole test to be used for determining the patentability of a “process” under the Patent Act.

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