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December 2010

Six Months After Bilski: It's Not as Bad As Everyone Initially Thought

On June 28, 2010, the U.S. Supreme Court issued its much anticipated decision in the Bilski case, which was supposed to clarify whether or not business methods (and software and other high-tech methods) are patentable. The decision was a 5/4 split holding that some business methods are patentable. Many legal and business analysts declared that the Court did not provide clear direction.

On November 17, the Daily Journal published an article authored by Intellectual Property Partner David Heckadon that analyzed the practical results of the Court's decision based on his experience with patent examiners over the past few months.  Combined with a closer look at the decision itself and the official reaction from the Patent Office, Mr. Heckadon provides guidance and practical tips on obtaining patents for software and business methods in light of Bilski

 

David R. Heckadon


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