Supreme Court Issues Pro-Innovation Decision in Bilski Case

Jun 28, 2010, 17:21 ET from Business Software Alliance

Ruling Recognizes the Importance of Software Patents

WASHINGTON, June 28 /PRNewswire-USNewswire/ -- The Business Software Alliance (BSA) today welcomed the Supreme Court's decision in the closely watched Bilski v. Kappos case.

The Supreme Court rejected a federal circuit court's opinion that the so-called "machine-or-transformation" test should be the only test of patentability and reaffirmed the need for patent laws that ensure technological progress in key areas such as software.

The Court said that the machine-or-transformation test — meaning that an invention must be linked to a tangible object — is a useful guide, but should not be the exclusive test of patentability for process inventions.

"We strongly applaud the Supreme Court's ruling in the Bilski case," said BSA President and CEO Robert Holleyman. "The court specifically recognized that applying the lower court's very narrow 'machine or transformation test' would chill innovation in critically important 21st century technologies such as computer software."

"Software is a critical tool of production for businesses in every sector of the US and global economies," Holleyman said. "Our industry is built on innovation, and the patent law provides critically important incentives to innovators. Today's ruling will enable the software industry to continue to make important contributions to our economy and our common welfare."

About BSA

The Business Software Alliance ( is the world's foremost advocate for the software industry, working in 80 countries to expand software markets and create conditions for innovation and growth. Governments and industry partners look to BSA for thoughtful approaches to key policy and legal issues, recognizing that software plays a critical role in driving economic and social progress in all nations. BSA's member companies invest billions of dollars a year in local economies, good jobs, and next-generation solutions that will help people around the world be more productive, connected, and secure. BSA members include Adobe, Altium, Apple, Autodesk, AVEVA, AVG, Bentley Systems, CA Technologies, Cadence, Cisco Systems, CNC/Mastercam, Corel, Dassault Systemes SolidWorks Corporation, Dell, HP, IBM, Intel, Intuit, Kaspersky Lab, McAfee, Microsoft, Minitab, PTC, Progress Software, Quark, Quest Software, Rosetta Stone, Siemens, Sybase, Symantec, Synopsys, and The MathWorks.

SOURCE Business Software Alliance