Editor: John R. Harris

The dust is still settling after the U.S. Supreme Court’s Bilski v. Kappos decision about the patentability of processes (business method and otherwise) on June 28, 2010.  Scholars and experts in other parts of the world seem to agree that the recent decision about the patentability of processes is, for the most part, “business as usual” here in the U.S.  Europe in particular has long been hostile to the patentability of computer software and business methods.

According to one European legal scholar’s observation, the “machine-or-transformation” test discussed in that case is either: “(i) woefully imprecise and ill-equipped for determining

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