The landmark In re Bilski decision by the Court of Appeals for the Federal Circuit altered the way many businesses and patent practitioners viewed the applicability of patent coverage to business processes and computer software methods. Our patent prosecutors have become very familiar with the application of the "machine or transformation" test established by Bilski and have worked closely with the Examiners at the Patent Office to overcome rejections based on 35 U.S.C. §101. Baker Botts has been on the forefront of this dynamic segment of patent law since its inception. Starting with our representation of an amicus party in the State Street decision, and our more recent representation of an amicus party in the Bilski decision, we have represented companies in a wide range of industries in the acquisition and enforcement of business method and computer software patents.

Leading companies in the software industry, the financial services industries, the health care industry, the insurance industry, the gaming industry and the hotel and transportation industries all rely on Baker Botts for advice and service in identifying and protecting their innovative business processes through patent protection. By applying the right approach for claim drafting, the extensive investments made by businesses in innovative techniques for the marketing, distributing and accounting of their products and services can now be protected as competitive differentiators for their creators. A company that markets a new financial service, insurance product or customer loyalty program can now protect that methodology and prevent imitators from benefiting from these innovations without the commensurate risk and investment of the first company to market.