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Uncertainty Abounds: Patentable Subject Matter Almost Two Years After Bilski v. Kappos

Uncertainty Abounds: Patentable Subject Matter Almost Two Years After Bilski v. Kappos


(February 10, 2012)

Reproduced with permission from BNA's Patent, Trademark & Copyright Journal, 83 PTCJ 501, 02/10/2012. Copyright © 2012 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.

In In re Bilski and its subsequent appeal, Bilski v.Kappos, the U.S. Court of Appeals for the Federal Circuit and U.S. Supreme Court addressed patent eligibility under the Patent Act, and in particular patent eligibility of a process under 35 U.S.C. § 101. Both decisions, however, have received much criticism for lacking guidance on the bounds of patent eligibility (or statutory subject matter)...

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Authors
Kimberly Bullock Gatling
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