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Bilski v Kappos
Bilski v Kappos
On June 28, 2010, the Supreme Court issued its long-awaited decision in Bilski v Kappos, affirming the rejection of applicant’s claims directed to a method of hedging in energy markets as an unpatentable "concept", but (1) confirming the wide scope of patentable subject matter under §101; (2) rejecting the machine-or-transformation test as the sole test for patent eligible subject matter under 35 USC 101; and (3) rejecting the notion that patentable processes categorically exclude business methods.
