Changes

''In re Bilski'', 545 F.3d 943 (Fed. Cir. 2008), is an ''[[en banc]]'' decision by the [[Federal Circuit]] that establishes new restrictions on the kinds of inventions that are eligible to participate in the [[patent]] system.  

''In re Bilski'', 545 F.3d 943 (Fed. Cir. 2008), is an ''[[en banc]]'' decision by the [[Federal Circuit]] that establishes new restrictions on the kinds of inventions that are eligible to participate in the [[patent]] system.  The Court affirmed the rejection of an application to patent a method for using commodities trading in order to hedge risks caused by bad weather.

The Court interpreted the word "process" in the patent statute to exclude all processes that do not transform physical matter or that are not performed by machines, known as the "machine-or-transformation test."  Two judges dissented on the grounds that this test is anachronistic and usurps the legislative role; a third judge dissented because he felt the Court should have gone further and excluded "business methods" entirely from patentability.  

The Court interpreted the word "process" in the patent statute to exclude all processes that do not transform physical matter or that are not performed by machines, known as the "machine-or-transformation test."  Two judges dissented on the grounds that this test is anachronistic and usurps the legislative role; a third judge dissented because he felt the Court should have gone further and excluded "business methods" entirely from patentability.  Judge Paul Michel, an appointee of President [[Ronald Reagan]] wrote the opinion for the 9-3 ''en banc'' Court.

== The Patent Application ==

== The Patent Application ==