The Federal Circuit's October 2008 decision in In re Bilski, 545 F.3d 943 (Fed. Cir. 2008) (en banc), created uncertain implications for biotechnology regarding the applicable standard for patent eligibility under 35 U.S.C. '101.
Federal Circuit Applies Bilski Standard in Classen
The Federal Circuit's October 2008 decision in <i>In re Bilski</i> created uncertain implications for biotechnology regarding the applicable standard for patent eligibility under 35 U.S.C. §101. In its recent one-paragraph opinion in <i>Classen Immunotherapies v. Biogen IDEC</i>, the Federal Circuit left many issues unexplained, but it did make one thing clear: The <i>Bilski</i> standard, now being applied in the area of biomedical technology, poses a significant threat to the viability of patents claiming diagnostic methods.
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Warren D. Woessner And Tania A. Shapiro-BarrThis premium content is locked for LawJournalNewsletters subscribers only
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