Prometheus Unbound: The Federal Circuit Responds to Bilski

By David L. Applegate. 

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In Bilski v. Kappos, the U.S. Supreme Court rejected the Federal Court's conclusion that to constitute patentable subject matter under Section 101 of the Patent Act, an invention must involve either a machine or a transformation of matter.  In light of that decision, the Federal Court was forced to re-evaluate its finding in Prometheus v. Mayo that a health care process was patentable but reached the same result.  In this timely and informative article, WMJ partner David L. Applegate discusses how and why, and what process patent owners can expect in the future.