US Supreme Court upholds decision not to grant a patent for a business method

Published: 29 June 2010
By: Peter Prowse

The US Supreme Court published yesterday (28 June 2010) its long-awaited ruling on the standard of patentability for business method patents in In re Bilski. Its 71-page decision is available in full at: http://www.supremecourt.gov/opinions/09pdf/08-964.pdf.

The Supreme Court declined to exclude all business methods from patent protection, but held Bilski’s invention to be ineligible on the basis that the particular invention claimed is an abstract idea.

There has been uncertainty in the UK and Europe surrounding the question of software patentability. It is generally held that it is easier to get patent protection for software and business methods in the USA than it is in Europe. Yesterday’s ruling is likely to maintain that position.

Media alert

Contact CIPA for an explanation of what this US Court ruling may mean for UK and European companies hoping to patent business methods or software.

Peter Prowse; Tel: 01372 271234, mobile: 07973 213039

Simon Davies, Chairman, CIPA Computer Technology Committee; Tel:  023 8071 9500