Federal Circuit Issues Important New Ruling Concerning The Patentability Of Business Methods

November 6, 2008

The Federal Circuit issued an important new en banc decision last week concerning whether business methods, such as abstract securities trading strategies and hedging schemes, can be patented. As discussed in the attached memo, the Federal Circuit discarded the more permissive approach articulated ten years ago in State Street Bank and adopted a new test likely to make the patenting of some types of business methods more difficult.