Patent Litigation.

The author discusses a case wherein the plaintiff filed for the patentability of the Bilski business method. The U.S. Patent Office rejected the claims which the Federal Circuit affirmed based on the machine-or-transformation test. The Supreme Court declined to adopt the original basis of the Federal Circuit's decision but affirmed the judgment under 35 U.S.C. §101. The author believes that the true test of patentability is made clear in the Bilski case which lies in the significance of the link and not its existence.