Law Commons^™

Operating Efficiently Post-Bilski By Ordering Patent Doctrine Decision-Making, Dennis Crouch, Robert P. Merges

Robert P Merges

The article focuses on a U.S. Supreme Court case Bilski versus Kappos and explains its holding and approach on the patent claims. The authors discuss the provisions in the patent law and argue that its sequence of patentability requirements are misleading. They state that the Patent Office can reject claims suggesting that claims should at least suffer from defects that transcend specific requirements.