Bilski v. Kappos

Bilski v. Kappos
Supreme Court of the United States
Argued November 9, 2009
Decided June 28, 2010
Full case nameBernard L. Bilski and Rand A. Warsaw v. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office
Docket no.08-964
Citations561 U.S. 593 (more)
130 S. Ct. 3218; 177 L. Ed. 2d 792; 2010 U.S. LEXIS 5521; 78 USLW 4802; 2010-1 USTC P 50,481; 95 U.S.P.Q. (BNA) 1001; 10 Cal. Daily Op. Serv. 7966; 2010 Daily Journal D.A.R. 9848; 22 Fla. L. Weekly Fed. S 703
Case history
PriorIn re Bilski, 545 F.3d 943, (Fed. Cir. 2008) (judgment affirmed)
Holding
The machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather a useful tool. Bilski's application, seeking a patent on a method for hedging risk in the commodities market, did not draw to patent eligible subject matter. Affirmed.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Case opinions
MajorityKennedy, joined by Roberts, Thomas, Alito; Scalia (except Parts II–B–2 and II–C–2)
ConcurrenceStevens (in judgment), joined by Ginsburg, Breyer, Sotomayor
ConcurrenceBreyer (in judgment), joined by Scalia (Part II)
Laws applied
35 U.S.C. § 101

Bilski v. Kappos, 561 U.S. 593 (2010), was a case decided by the Supreme Court of the United States holding that the machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather "a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under § 101."[1] In so doing, the Supreme Court affirmed the rejection of an application for a patent on a method of hedging losses in one segment of the energy industry by making investments in other segments of that industry, on the basis that the abstract investment strategy set forth in the application was not patentable subject matter.

  1. ^ Bilski v. Kappos, 561 U.S. 593 (2010). Public domain This article incorporates public domain material from this U.S government document.