Patentable Matter After the Bilski Decision

An Address by Chief Judge Michel
United States Court of Appeals for the Federal Circuit

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January 21, 2009
12:00-1:30 pm EST

In its recent en banc decision in In re Bilski, the Federal Circuit addressed limitations on patentable subject matter in the context of a business method invention, analyzing a body of caselaw in such a way that some say could call into question the validity of many other patents and types of claims while others argue it is not restrictive enough. The Bilski decision, of course, is being studied by a broad range of members of the patent community who are seeking to determine its effects on innovation, prosecution, licensing, and litigation.

In this meeting with students, professors, and members of the bar, Chief Judge Michel discussed the precedents at play within the areas of the law known as “business method” and “software” patents. Professor Joshua Sarnoff (Washington College of Law, American University, who authored an amicus brief for a group of law professors in Bilski) moderated Q&A after Judge Michel's prepared remarks.

The program took place on January 21, 2009 at 12 p.m. at the Washington College of Law, 4801 Massachusetts Avenue, NW Washington, DC, Room 603.

To encourage participation, the FCBA also broadcast the program live on January 21 as a part of its regular Horizons series.