In a brief filed on Friday, September 25, Solicitor General Elena Kagan and her staff said that because a patent application filed by inventors Bernard Bilski and Rand Warsaw related solely to human conduct, untethered to any technology, it was not process eligible.

However, the government never really claims that the Bilski test should be

On September 14, the new Director of the USPTO, David Kappos, will address the IP Owners Association at its annual meeting.  Kappos is widely expected to address changes he intends to implement now that he has been confirmed in his new position.  It will be interesting to see whether he chooses to comment on the

On August 24 the USPTO published interim guidelines for its patent examiners on patent-eligible subject matter under the Bilski case.  The guidelines include 8 pages of instructions and first and second accompanying flow charts.  They are interim guidelines because the U.S. Supreme Court has agreed to review the Federal Circuit decision in Bilski and has