Releases

The U.S. Supreme Court’s recent decision in Bilski v. Kappos significantly curtails what patents may cover under the “machine-or-transformation” test. The decision changes the standard for determining what constitutes a patentable process, from merely requiring “a useful, concrete and tangible result,” to now requiring it to be “tied to a particular machine or bring about a particular transformation of a particular article.” However, the decision provided no guidance beyond that test, leaving the test likely to be applied as a de facto requirement, and hampering patent enforcement efforts by so-called patent trolls, predicts Dallas patent attorney Bill Munck of Munck Carter, LLP. “Businesses that practice what their patents protect can simply file narrowing reissue proceedings to correct possible defects in their patents, and still have valuable patent rights going forward,” says Munck. For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.