Barry L. Grossman, of counsel at Foley & Lardner LLP in Milwaukee, Wis., said the decision reaffirms that the patent statute does not place a lot of limits on patenting new technology. It is encouraging those who want to develop new technology for that reason.

But it also underscores the uncertainty for tax professionals because it "supports the view that there is no precise definition of a tax patent."

The U.S. Patent Office issued guidance on the court decision on Monday.


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