Supreme Court of the United States
Bilski v. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office
June 28, 2010561 U.S. 593
Summary
The Supreme Court held that the machine-or-transformation test is not the exclusive test for determining patent eligibility under 35 U.S.C. § 101. The Court affirmed the Court of Appeals, concluding that petitioners' patent application claims an unpatentable abstract idea regarding risk hedging. Justice Stevens concurred in the judgment, arguing that business methods are not patentable processes. Justice Breyer concurred in the judgment, emphasizing that business methods are not patentable under § 101.
Holding
- Whether the machine-or-transformation test is the exclusive test for determining whether a claimed invention is a patentable process under 35 U.S.C. § 101.. The machine-or-transformation test is not the sole test for deciding whether an invention is a patent-eligible process under § 101.
- Whether petitioners' claims for risk hedging constitute patentable subject matter under 35 U.S.C. § 101.. Petitioners' claims are unpatentable abstract ideas under § 101.
Docket 08-964