Center for Advanced Study & Research on Intellectual Property

 

CASRIP Newsletter - Winter/Spring 2008, Volume 15, Issue 1

CASRIP Files Amicus Brief in Key Patentable Subject Matter Case before Federal Circuit

CASRIP filed an amicus brief on April 7 for the en banc review of In re Bilski at the Court of Appeals for the Federal Circuit (Appeal No. 2007-1130). The appeal is based on the USPTO’s rejection of the patent applicants’ claims for commodities hedging methods not limited to implementation by a computer or other machine. The Federal Circuit included five specific questions to be briefed by the parties and amici in its order granting an en banc rehearing.

CASRIP answered the five questions in its amicus brief and argued that the patent applicants’ claims do not encompass patentable subject matter because they are not addressed to a method within the Useful Arts, or anything akin to them, as is required under the United States Constitution. Accordingly, while the scope of patentable subject matter as set forth in 35 U.S.C. § 101 has been interpreted quite broadly by the Supreme Court in the past, the Court has also consistently held that the “IP Clause” of the Constitution limits Congress’ power in this regard. The brief was submitted on CASRIP’s behalf by Richard Stern of Kellogg, Huber, Hansen, Todd, Evans & Figel of Washington, D.C.

In Re Bernard L. Bilski and Rand A. Warsaw Amicus Brief

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Last updated 4/27/2012