“the decision of In re Bilski, wherein the Federal Circuit abandoned much of its precedent dealing with the section 101 eligibility of method claims and substituted a "machine-or-transformation" test, thus casting substantial doubt on the continued patentability of so-called "business method" inventions”
We at Dolcera started with an aim to do away with the doubt factor from the continued patentability of the business method patents. Hence, we at Dolcera conducted an in-depth analysis on In Re Bilski's impact on software, medical devices and pharma method patents. The USPTO is on the offensive since the In re Bilski verdict from the CAFC. Software companies have reported sharply higher rejection-rate from the patent office, and thousands of business method and software patents risk being invalidated because of this ruling.We have conducted an analysis of hundreds of USPTO examination reports for method patents in three areas:
a. Software,
b. Medical device and diagnostic, and
c. Pharmaceutical.
We have now established the following:
- Rejection rates for software method patents are significantly higher since the Bilski decision in October 2008
- Medical diagnostic method patents are also affected
- Pharmaceutical method patents have been impacted, but to a much lesser degree
Click here to download the Dolcera presentation at the PIUG 2009 Annual Conference
