At first glance, the Federal Circuit’s categorical rejection of the “useful, concrete, and tangible result” test announced in State Street in favor of the machine-or-transformation test for patent-eligible subject matter could be seen as the death knell for business method and software patents.  If the Court upholds Bilski, software patents issued in the past 20 years, as well as many business method patents, might be invalidated.  However, this might not be the case.  Gene Quinn, a patent attorney and the founder of observes that, “[i]n fact, based on what is going on at the USPTO one could make a convincing argument that it is actually getting easier to obtain patents that relate to software and computer related processes.

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