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Journal of Technology Law & Policy

Document Type

Note

Abstract

The first part of this Note examines the history of the various tests of patentability for business methods and computer software. Next, this Note examines the Bilski opinion and its progeny and how these opinions affect patentability of computer software and business methods. This Note will then compare the Bilski opinion with prior CAFC and SCOTUS precedent to highlight the changes Bilski caused. The last part of this Note introduces a new test of patentability for computer software and business methods. This test alleviates the shortcomings associated with the previous tests, which are made readily apparent by Bilski.

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