The ABA Tax Section offers a teleconference and webcast today on Is This the Beginning or Is It the End? — Implications of Bilski on Patenting Tax Strategies from 1:30 – 3:00 p.m. EST:
Are tax planning methods patentable? This question has concerned tax practitioners for years. Tax patents are part of a broader group known as business method patents. On June 28, 2010, the U.S. Supreme Court handed down its long-awaited decision in Bilski v. Kappos. The case addressed whether certain hedging strategies — arguably, a type of business method — could be patented. The Court ruled unanimously that they were not patentable. The majority opinion, rejecting the test used below by the Court of Appeals for the Federal Circuit, concluded on the basis of long-standing Supreme Court precedent that the patent claims at issue represented mere abstract ideas. The majority, however, did not foreclose the possibility that some business methods may be patentable, leaving open the question of whether tax planning methods are patentable.
This program will explore the Bilski case and its implications for tax strategy patents. The history of business method patents will be examined. The subject will be considered from the perspectives of both tax professionals and intellectual property lawyers. Panelists will address possible future judicial developments and how the U.S. Patent and Trademark Office may respond to Bilski. Finally, potential Congressional legislative reactions will be discussed.
Faculty:
- Dennis B. Drapkin (Jones Day, Dallas) (moderator)
- Ellen P. Aprill (Loyola-L.A.)
- Barry L. Grossman (Foley & Lardner, Milwaukee)
- Matthew T. Young (Director, AICPA Congressional and Political Affairs)
