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In re Bilski

The Court of Appeals for the Federal Circuit has determined that to comprise patentable subject matter under Section 101, an invention as claimed must meet a “machine or transformation” test. The test is most applicable to “process” or method claims, such as those defining methods of doing business, software inventions, methods of game play, chemical processes and the like. In accordance with the test, a claim can satisfy Section 101 by either showing that the claim is tied to a particular machine, or by showing that the claim transforms an article.

 

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