The National Law Journal: David Barnard, James Emanuel on “A New Check on Patentability”


A new check on patentability

The recent landmark decision of In re Bilski, No. 2007-1130, 2008 WL 4757110 (Fed. Cir. Oct. 30, 2008), has changed the landscape for business method patent protection, and will significantly affect a broad range of industries including banking and finance. Since the U.S. Court of Appeals for the Federal Circuit first determined in 1998 that computer-based business methods, often involving financial transactions, were eligible for patent protection, the banking and financial industry have been faced with an ever-increasing burden of patent-related challenges.

In re Bilski has helped define the limits of what can and cannot be patented as a financial business method. It is imperative that banks and financial institutions pay very close attention to this area of law, as it has the potential to significantly affect their bottom line, both today and in the future. Read more ...