This past summer, the U.S. Supreme Court issued its decision in Bilski v. Kappos, an appeal that posed the large questions of whether methods of doing business were patentable and what prevailing test should be employed when evaluating the patentability of process patents.
Despite the numerous amicus briefs and the fervent lead-up to oral argument, Bilski was more subdued than monumental. In its wake, the decision clarified certain aspects of patent litigation. However, it also created uncertainties for inventors who seek to patent software methodologies and financial processes; generated strategic concerns for certain patent licensors and licensees; and ultimately left the task of fashioning patentability standards to the U.S. Patent and Trademark Office (USPTO) and the U.S. Court of Appeals for the Federal Circuit.
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