Bilski v. Kappos, 130 S.Ct. 3218 (2010) Notes

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Supreme Court of the United States

patent application for method of hedging risk in field of commodities trading in the energy market

  • claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the risk of price changes.
  • describes a series of steps instructing how to hedge risk
  • places the claim 1 concept into a simple mathematical formula

lack of patent-eligible subject matter

  • invention is not implemented on a specific apparatus, merely manipulates an abstract idea, and solves a purely mathematical problem
  • The Federal Circuit, in turn, affirmed
  • State Street Bank & Trust Co. v. Signature Financial Group, Inc - a claimed process is patent eligible if:
    • it is tied to a particular machine or apparatus, or
    • it transforms a particular article into a different state or thing