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En banc Federal Circuit to revisit the scope of patentable subject matter: will business method patents survive?

Pillsbury Winthrop Shaw Pittman LLP

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USA February 22 2008

From at least 1980 until recently, the trend was that the Court of Appeals for the Federal Circuit (CAFC) and the U.S. Supreme Court had been expanding the scope of patentable subject matter in the U.S. under 35 U.S.C. §101 ("Section 101") to include Living Organisms, Computer Software, and Business Methods. However, some CAFC judges may believe that the pendulum of patentable subject matter has swung too far, particularly in the burgeoning area of business method patents.

Pillsbury Winthrop Shaw Pittman LLP - James G. Gatto, Larry J. Hume
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Filed under

  • USA
  • Intellectual Property
  • Litigation
  • Pillsbury Winthrop Shaw Pittman LLP

Tagged with

  • SCOTUS
  • Federal Circuit
  • US Code
  • Patentable subject matter
  • Business method patent

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