Supreme Court Hears Bilski Patent Case

BY CCIA Staff
November 9, 2009

As the Supreme Court heard arguments in Bilski v. Kappos (08-964) today, a case which should help answer the question, ‘what is patentable?’ – the Computer & Communications Industry Association urged the Court to correct a patent system that has run amok.

CCIA argued in a friend-of-the-court brief before the Supreme Court and the court below, the U.S. Court of Appeals for the Federal Circuit, that the radical expansion of what is patentable in recent years has threatened information technology and the stability of the patent system.

The following comment may be attributed to CCIA President & CEO Ed Black:

“The unprecedented expansion of the patent system and the ensuing virtual land-rush that it created put lawyers in charge of innovation and enabled opportunism to trump opportunity. All of this has produced a crisis of credibility in our intellectual property system. It is time to get back to basics, where our IP law promotes progress, not patenting, and where discovery is what inventors do, instead of what lawyers do.

“All intellectual property regimes can provide benefits, but they all inherently come at a cost to other values. Excessive patent protections impose massive costs to the next generation of innovators and provide little benefit.”

“We hope the arguments presented today move the Supreme Court to return to the wisdom of its earlier rulings and affirm strong principles about the limits of patentable subject matter.”

Additional background:

  • The lack of limits on patentable subject matter as a result of the State Street decision has created chaos in the marketplace and provided fertile breeding ground for patent trolls. CCIA has commended the Federal Circuit decision in Bilski as an effort to redraw the limits consistent with Supreme Court precedent.
  • CCIA was encouraged by the Federal Circuit decision in Bilski because it cuts back on what has been an extremely problematic area in the patent system that stems from granting patents on abstract subject matter.
  • For CCIA’s amicus brief filed in this Supreme Court case last month, click here

 

Related Articles

CCIA Applauds Introduction of Bi-Partisan Bills To Increase Diversity And Transparency In The Patent System

Sep 22, 2021

Washington – U.S. Senators Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, and Thom Tillis (R-NC) have introduced two bipartisan bills that promote transparency and diversity in the U.S. patent system.  One bill would require recording at the U.S. Patent and Trademark Office who owns a patent within 90…

The AIA At Ten: The Positive Impact of Inter Partes Review

Jul 12, 2021

The America Invents Act celebrates its tenth anniversary this year. This panel will examine perspectives from a variety of industries, ranging from life sciences to startups, on how the inter partes review process created in the AIA has improved patent quality, reduced patent litigation, and promoted progress in the innovation ecosystem.   The AIA At…