Bilski v. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office

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.