The Business Method Patent: The Uproar Rages - Should It?
- Topics:
- Commercial Litigation
- Tags:
- Business Method,
- Tools & Techniques,
- Thelen Reid & Priest,
- Patent,
- Management,
- Internet,
- E-business/E-Commerce,
- E-business,
- Business Method Patent,
- Web Technology
- Source:
- Thelen Reid & Priest
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Overview: It is now almost three years since the United States Court of Appeals for the Federal Circuit decided the State Street case. There, the court sought to lay to rest the "business method" exception to patentability. The decision, however, as has been noted many times, had the opposite effect: more than ever before the debate raged regarding whether patenting business methods, particularly in connection with Internet, software, and e-commerce inventions, was appropriate. Based upon the article, it would be clear that the debate on whether business method patents pose serious issues, particularly for e-commerce, Internet and software inventions, is continuing. Accordingly, whether proposed legislation such as the Business Method Patent Improvement Act is likely to be enacted is not certain. The likelihood of that occurring however, may now be less certain as the criticism of State Street is being balanced by opinions suggesting that the patent laws, perhaps with modest changes, are sufficient to address whatever issues may continue to arise in connection with business method patents.
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Format: HTML | Date: Jan 2003 | Pages: 1
