The high court says the test for business method patents is too rigid. The software industry, among others, is poised to benefit.
In a ruling delivered Monday, the U.S. Supreme Court opened the door for innovation by easing restrictions for acquiring business method patents, with the software, biotechnology and gambling industries the most likely to benefit.
The court ruled in Bilski v. Kappos that the test for business method patents – of which Amazon.com's "one-click buying" may be the most famous – is too rigid. Under the test, the patented invention needs to involve a machine or a transformation in which a particular article is transformed into a different state or thing. The court did not provide any new guidelines, however, leaving companies with no clear idea of what business methods could be patent-protected.
Still, unless subsequent cases force the court to hand down specific rules, the decision will likely make it easier for companies to protect innovations.
To read the full, original article click on this link: Supreme Court Says Patent Test Is Too Rigid in Bilski v. Kappos
Author: Courtney Rubin