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First impression of Bilski June 28, 2010

Posted by Brian Schar in Federal Circuit, Patent prosecution.
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At first blush, Bilski seems to be entirely consistent with KSR, in the sense that the Supreme Court prefers a vague, undefined morass to a clear, albeit flawed, standard.   The money quote: 

“[T]he patent law faces a great challenge instriking the balance between protecting inventors and not granting monopolies over procedures that others would discover by independent, creative application of general principles. Nothing in this opinion should be read to take a position on where that balance ought to be struck.”

I thought that establishing that position was the point of the Supreme Court granting certiorari in this case.  I think the justices realized this case wasn’t going to be as easy as they first thought, so they decided to punt.

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