Method Patents Must be “Useful, Concrete, Tangible”—Oh, I don’t know!
The November 2008 Intellectual Property Colloquium discusses the recent In re Bilski patent decision by the CAFC. In that case, the court abandoned State Street‘s “useful, concrete and tangible result” test for the patentability of methods, and reaffirmed the “machine-or-transformation” test. Under this test, a method or process claim in a patent is patentable subject matter only if (a) it is tied to a particular machine or apparatus, or (b) it transforms a particular article into a different state or thing.