The long-anticipated petition appealing the landmark In re Bilski decision of the U.S. Court of Appeals for the Federal Circuit was filed at the Supreme Court Wednesday, setting the stage for a showdown over whether so-called “business methods” — processes and procedures, not widgets — are patentable.
“This is the fundamental question of patent law,” says J. Michael Jakes, partner at Finnegan, Henderson, Farabow, Garrett & Dunner, who is taking the case to the high court. “It doesn’t just affect business methods, but software and the biotech industry as well.”
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