The USPTO issued the following statement in reaction to today’s Supreme Court ruling in Bilski v. Kappos:

“The Supreme Court today affirmed the USPTO’s decision that Mr. Bilski’s invention was not patentable subject matter as his claims were drawn to an abstract idea.  Significantly, the Court ruled that the “machine or transformation” test is not the sole determinant of patent eligible subject matter for process claims, but is nevertheless an important “investigative tool” for evaluating their patent eligibility.  The Court also indicated that a business method is, at least in some circumstances, eligible for patenting under Section 101.”

“The USPTO will be issuing guidance further interpreting the decision as soon as possible.  The USPTO is distributing interim guidance for the examining corps today.”

The opinion can be found on the Supreme Court Web site at: http://www.supremecourt.gov/opinions/09pdf/08-964.pdf.

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Officially known as the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office,  the Patent Bar Exam is a 100 question, six-hour long behemoth with a 50% pass rate.  Having passed it, I am now “pending registration” by the USPTO.  Basically, there is an oath and some money that I own them, but in approximately 7 weeks I should receive my registration number, then I can officially represent clients before the USPTO in patent cases.  Since I have not passed a state bar exam yet (pending graduating with my JD around 2011), I will be classified as a Patent Agent.