In re Bilski

545 F.3d 943 (Fed. Cir. 2008)

Federal & State Law Editorial TeamLast reviewed: July 2026

Opinion Summary

Established the machine-or-transformation test as the sole test for determining whether a process claim is patent-eligible under 35 U.S.C. Section 101. Significantly narrowed the patentability of business methods and software patents. Later modified by the Supreme Court in Bilski v. Kappos, which held the test is an important but not exclusive test.

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In Re Bilski Federal Circuit

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Case Information

Court: United States Court of Appeals for the Federal Circuit
Court Level: U.S. Court of Appeals
Circuit: Federal Circuit
Date Decided: Thursday, October 30, 2008
Citation: 545 F.3d 943 (Fed. Cir. 2008)
Jurisdiction: United States Federal

Legal Topics

business

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.