In Bilski et al. vs. Doll, the Federal Circuit Court of Appeals rejected pure software and business method patents and moved closer to the European standard of what is patentable, allowing software tied to a physical machine, but not software per se.
The Supreme Court has granted certiorari and agreed on Monday to review the Bilski case and to consider writing a new, modern definition of the kinds of inventions that are eligible for patent rights.
It is important to clarify when, if ever, an invention that involves a method of doing business can be patented in the US. At present, it is impossible to advise clients as to the patentability of such material.
The decision will come in the next Term, so nothing will happen until October.
For a good overview of issues, see Patently-O http://www.patentlyo.com/patent/2009/06/bilski.html
The FCAC overturned the Supreme Court decision not to limit patent eligibility for “any” new and useful process beyond excluding patents for “laws of nature, physical phenomena, and abstract ideas.”
