He said that although gene patents had been issued for decades, the patentability of genes had never been examined in court.

他说虽然基因专利已经被颁发了几十年，但是基因的可专利性从未在法庭上检验过。

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In Bilski, the court not only rejected a categorical exclusion of business method patents, but also two tests for patentability created by the U.S. court of Appeals for the Federal Circuit.

在Bilski案中，法院非但拒绝完全排除商业方法专利，而且否定了由美国联邦巡回上诉法院(该院为审理专利商标上诉案件的专门法院——译者注)缔造的判定可专利性的两个检验法。

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Since 1998, the main countries all over the world gradually reached an agreement on the patentability of E-business method. However, they set different criteria for the judgment of non-obviousness.

1998年以来，世界各主要国家对于电子商务商业方法的可专利性逐渐达成共识，但在实施何种创造性判断标准方面却各行其是。

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The United States Supreme Court first addressed the patentability of computer software in Gottschalk v.

FORBES: The Federal Circuit, Not the Supreme Court, Legalized Software Patents

In other words, the court said that there needs to be a fairly high standard for patentability.

FORBES: Magazine Article

On November 20, 1972, the Supreme Court handed down its first ruling on the patentability of software.

FORBES: As Supreme Court Software Patent Ban Turns 40, It's Time To Stop Ignoring It