Supreme Court of the United States
Bernard L. Bilski and Rand A. Warsaw v. David J. Kappos, Under Secretary of Commerce for Intellec — Stevens, J…
June 28, 2010177 L. Ed. 2d 792
Summary
Justice Stevens concurred in the judgment, arguing that business methods are not patentable processes under 35 U.S.C. § 101 based on historical practice and the constitutional purpose of patents. He disagreed with the Court’s approach to defining a process but agreed petitioners’ claims were unpatentable. Justice Breyer also concurred in the judgment, joining Justice Stevens and emphasizing the utility of the machine-or-transformation test as a clue, not the exclusive test.
Docket No. 08-964
Cited authorities
- 35 U.S.C. § 101
- 35 U.S.C. § 273
- 35 U.S.C. § 101
- 35 U.S.C. §101
- 1 Stat. 109
- 1 Stat. 319
- 14 Berkeley Tech. L.J. 577
- 5 Stat. 117