Business method patent
From Biocrawler, the free encyclopedia.
Business-method patents are among the most controversial forms of legal protection for some Internet companies. But they can also be among the most important assets. Internet business method patent applications call upon two areas of patent law namely algorithms and business methods.
"Schemes, rule and methods for (...) doing business", "as such", or in other words business methods as such, are not regarded as being inventions and are not patentable under the European Patent Convention (Article 52(2)(c) and (3)). The legal situation is very different under US patent law and case law, especially after the State Street Bank decision.
In the 8th edition of the International Patent Classification (IPC), which will enter into force on January 1, 2006, a special subclass has been created for business methods: "G06Q". In the previous editions, business methods were classified in "G06F17/60". This is purely a classification matter and will not change the patent laws however.
As of 2001, the USPTO has required that business method inventions must apply, involve, use or advance the "technological arts". This is based on an unpublished decision of the US board of appeals and interferences, Ex Parte Bowman, 61 USPQ2d 1665, 1671 (Bd Pat. App. & Inter. 2001). This requirement can be met by merely requiring that the invention be carried out on a computer.
See also
- Software patent
- Software patent debate
- Patentability
- State Street Bank decision
- Pension Benefits System Partnership, decision T 931/95 of August 9, 2000 of the Boards of Appeal of the European Patent Office (EPO)
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