The U.S. Supreme Court is set to decide whether business method patents, such as many software patents, are valid. The high court will answer two questions: (1) whether the Federal Circuit erred in its holding that a process must be tied to a particular machine or apparatus, or that it must transform a particular article into a different state or thing to be eligible for patent protection (also known as the “Machine or Transformation Test”); and (2) the Court will look at whether or not the Machine or Transformation Test, which effectively denies patent protection to many business methods, contradicts clear Congressional intent.

To read briefs associated with the case click here. For more information please contact John Renzulli.