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Topic: Business method patent


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  Obtaining a Business Method Patent -- Page 1   (Site not responding. Last check: 2007-11-03)
These patents are important because any company that develops or acquires such a patent can stop others from using the patented business method for approximately 17 years.
Business method patents are part of a larger family of patents known as utility patents, which protect inventions, chemical formulas, processes, and other discoveries.
A business method is classified as a process, because it is not a physical object like a mechanical invention or chemical composition.
www.nolo.com /encyclopedia/articles/ilaw/method_patents.html   (313 words)

  
 "The Business Method Patent Controversy"   (Site not responding. Last check: 2007-11-03)
Business methods are generally considered to be the particular techniques and procedures by which a business operates.
To obtain a patent, an applicant's invention must be: (1) one of five types of patentable subject matter; (2) novel in relation to the prior art; (3) useful; and (4) nonobvious to one of ordinary skill in the art at the time that the invention was made.
The business method exception gradually faced increasing criticism from courts because "business method" was difficult to define; the exception was unnecessary; and it was inconsistently applied.
www.morganfinnegan.com /news/articles_publications/0060   (5393 words)

  
 Business method patent - Wikipedia, the free encyclopedia
Business method patents are a class of patents and one of many legal aspects of business.
A business method may be defined as "a method of operating any aspect of an economic enterprise" [1].
As of 2006, the USPTO is experiencing significant delays in examining business method patents.
en.wikipedia.org /wiki/Business_method_patent   (1024 words)

  
 Sidley Austin | CyberLaw | Business Method Patents
Business method patents protect processes, generally implemented by computers, that are involved in operating a business or that define a product or service provided by a business.
Thus, business method patents must cover inventions that are new, non-obvious in light of the prior art to one of ordinary skill in such art, and useful.
Business method patents may actually grant a company a monopoly for the term of the patent in a particular way of doing business or in a particular type of product or service.
www.sidley.com /cyberlaw/features/bm.asp   (1476 words)

  
 Problems in defining business method patents
And well he test, because the bill is idiotic in the extreme, a business method variant of some of the dumb ideas proposed years ago to deal with the software patent problem (which last time I looked hadn't been solved either).
Rejecting "special" treatment, we are left in the bill with defining what a business method patent is. Idiotic, especially in light of the fact that no one has got around to defining "hardware" and "software" on which most business methods are based, and for which patent examination still has problems.
The Berman bill further proposes that the term 'business method invention' should be defined as (1) any invention which is a business method (including any software or other apparatus); and (2) any invention which is comprised of any claim that is a business method.
www.bustpatents.com /articles/bizmet.htm   (1819 words)

  
 Internet Business Method Patent Policy   (Site not responding. Last check: 2007-11-03)
The drawbacks of these patents are quite substantial with regards to their overbroad scope, and excessive periods of protection; however, the benefits of Internet business method patents also significant enough to conclude that Internet business method patents should not be completely abolished.
Business methods are developed in an arena of competition – not in a laboratory.
Traditional business method patents, with their overbroad scopes and extensive protective terms, are simply too aggressive for the types of innovations made in the context of the Internet where business methods arise from small enhancements upon the inventions of competitors.
archive.cpsr.net /essays/2002/2ip4.html   (2731 words)

  
 Health care business method patents   (Site not responding. Last check: 2007-11-03)
Historically, both the U.S. Patent and Trademark Office (PTO) and the courts had held that methods of doing business were outside the scope of patent protection, although the State Street court emphasized that the legal basis for such patents always existed in the statute.
Recently, the so-called "Business Method Patent Improvement Act of 2000" was introduced in Congress by Representatives Howard L. Berman of California and Rick Boucher of Virginia.
This secondary review of business method patent applications is intended to insure that the examiner has complied with requirements to search the prior art and determine whether the scope of claims should be reconsidered.
www.physiciansnews.com /business/901fields.html   (1172 words)

  
 Business Method Patent
You can file for a business method patent, and if it's granted, you gain the exclusive right to that business method for the regular patent life span of 20 years.
Business method patents are the creation of a recent court ruling that involved a computer program for mutual fund administration.
While there has been grumbling in some quarters about the merits of allowing this protection, business method patents are here to stay.
www.taxesq.com /taxinfo/BusinessMethodPatent.html   (246 words)

  
 Business Method Boot Camp:
In rejecting the business method exception, the court held that business methods were subject to the same requirements for patentability as any other process or method.
According to statements by John Love, Director of Technology Center 2100, at the March 1, 2001 Inaugural Business Methods Partnership Meeting, the patent filings in FY 2001 apparently are maintaining the same exponential growth that began in 1999 and continued through 2000.
The first financial patent, one for a method of detecting counterfeit notes, was issued in 1799.
www.oblon.com /Pub/BusMethBootCamp.html   (6042 words)

  
 HR 5364 IH, Business Method Patent Improvement Act of 2000, 10/3/00.
the patentability of the subject matter of the patent, a record of the administrative opposition judge’s determination under this section shall be placed in the official file of the patent, and a copy promptly shall be given or mailed to the owner of record of the patent and to the third-party requester.
A patent owner may be a party to an appeal taken by a third-party requester.
for a patent) on a business method invention, the party producing evidence of invalidity or ineligibility shall have the burden of showing by a preponderance of the evidence the invalidity of the patent or ineligibility of the subject matter of the application.’’.
www.techlawjournal.com /cong106/patent/bus_method/berman.asp   (2353 words)

  
 Business Method Patent: Gain Monopoly in Business — DomaiNewz Vol 5: Moniker
Further, the method ranks the generated set of documents to obtain a relevance score for each document and calculates a local score value for the documents in the generated set, the local score value quantifying an amount that the documents are referenced by other documents in the generated set of documents.
Thus, unlike the patent application review process to which electrophoresis techniques and the better mousetraps are subjected, the process for granting business method patents can be viewed as not less, but more thorough.
Prior to preparing and filing a business method patent, a Document Disclosure should be submitted to the Patent Office as soon as the concept exists in your head.
www.moniker.com /news/vol5/patents-and-monopoly.jsp   (1085 words)

  
 Software and business method patents - Patent analysis
The role of a patent examiner is not to assess innovation but to determine (1) if a patent application meets patent criteria defined in a manual (2) if the method or system of the patent application is already described in a set of databases.
In USA "a patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains.
Patent applications should conform to the Unity of Invention principle, which means that (1) a patent application should contain only one independent claim per category, the categories being product, process, apparatus and use (2) dependent claims should concern particular embodiments of that invention.
www.pagebox.net /bm2.html   (10580 words)

  
 JUST TURN NORTH ON STATE STREET AND THEN FOLLOW THE SIGNS GIVEN BY THE FEDERAL CIRCUIT
First, the algorithm used in a computerized business method patent is a mathematical representation of a universal truth.
The primary difference is that a normal patent yields a physical manifestation of a universal truth to accompany the newly invented process while a computerized business method patent utilizes a physical manifestation of a universal truth to create a newly invented process.
The better definition of a business method patent is an invention in which the advance over prior art does not yield a new physical object but rather consists of new technology that enables existing physical objects to perform new functions that are useful, novel, and non-obvious.
grove.ufl.edu /~techlaw/vol8/issue1/lemley.html   (10082 words)

  
 [Pharm-policy] Generic drug business method patent
Patent Allows Companies to Prevent Generic Competition by Patenting The Disclosure of Adverse Event Information BALTIMORE, April 17 /PRNewswire/ -- Classen Immunotherapies was issued a US patent today (6,219,674) which is expected to fundamentally change the pharmaceutical, chemical and other industries by greatly increasing the emphasis on product safety.
The new patented business method is expected to create financial incentives to companies to discover new adverse event information and create financial hardship for those who do not adequately test their products.
Generic companies may increase their profitability as well if they license the business method patent and discover new adverse events of products that are either currently generic or produced by branded companies who do not hold a license to the new business method.
lists.essential.org /pipermail/pharm-policy/2001-July/001330.html   (724 words)

  
 Business Method Patents – The Method Stands Alone : IP Law Blog : California Intellectual Property Lawyer, Attorney, ...   (Site not responding. Last check: 2007-11-03)
Prior to Ex Parte Lundgren, patent examiners routinely rejected business method patent claims that were unrelated to a computer or electronic device, on the basis that such claimed inventions lacked a technological basis, and therefore were not within the requisite “technological arts”.
In a decision that will almost assuredly open the floodgates for business method patent filings, the Board summarily reversed the examiner’s decision, as well as years of prior PTO policy, and ruled that neither In re Musgrave nor its progeny create a separate “technological arts” test for evaluating whether a process constitutes statutory subject matter.
This current shift in the business method patent landscape will encourage increased business method filings, and should significantly increase the prevalence of issued business method patents that are unrelated to electronic manipulation.
www.theiplawblog.com /archives/patent-law-46-business-method-patents-a-the-method-stands-alone.html   (638 words)

  
 Patent Terms: Background Of The Invention to Business Method Patent
Viruses, vectors, cell organelles and other non-living material existing in and reproducible from a living cell may be deposited by deposit of the host cell capable of reproducing the non-living material.
Board Of Appeals: An adverse decision of a patent examiner is subject to review by the Board of Appeals which is formed from a panel of members that includes the Commissioner of Patents, the deputy commissioner, the assistant commissioners, and examiners-in-chief.
The court ruled that patent laws were intended to protect any method, whether or not it required the aid of a computer, so long as it produced a "useful, concrete and tangible result."
www.patenthome.com /patent_terms002.htm   (508 words)

  
 Business Method Patent Improvement Act of 2001
This Act may be cited as the `Business Method Patent Improvement Act of 2001'.
`(d)(1) A business method invention shall be presumed obvious under this section if the only significant difference between the combined teachings of the prior art and the claimed invention is that the claimed invention is appropriate for use with a computer technology, unless--
`(e) BUSINESS METHOD INVENTIONS- In the case of applications for business method inventions, section 321 of this title applies in lieu of this section.'.
www.theorator.com /bills107/hr1332.html   (2099 words)

  
 Patently-O: Patent Law Blog: Updated Business Method Patent Statistics
On May 4, 2005, Technology Center Director John Love and his able group of e-commerce patent examiners hosted a well attended partnership meeting to discuss current and upcoming issues in the field.
Although this issue was not raised at the meeting, it is clear from the numbers presented at the meeting that the backlog in the class continues to grow.
Second Pair of Eyes: The business method group instituted a ‘second review’ of business method cases as a quality control measure.
patentlaw.typepad.com /patent/2005/05/updated_busines.html   (409 words)

  
 Coolsavings settles business method patent dispute | OUT-LAW.COM
CoolSavings, an internet marketing company based in Chicago with a patent for its method of using on-line coupons, has settled out of court an infringement dispute with a Californian rival, iQ.com.
Although specific terms of the agreement were not disclosed, iQ.COM has acknowledged the validity of the CoolSavings patent and has been granted a limited, royalty-bearing license and an option to an unlimited license, which together would allow for future offerings based on CoolSavings technology.
Software and business method patents are available in the US but Europe has not yet decided whether to liberalise patent laws in the same way.
www.out-law.com /page-1250   (263 words)

  
 Patent Business Methods
We are making every effort to deliver this information in an easily accessible format, and hope that you find it helpful in answering your questions regarding business method patent-related topics.
Prior Art in the Field of Business Method Patents - When is an Electronic Document a Printed Publication for Prior Art Purposes?
Successfully Preparing and Prosecuting a Business Method Patent Application
www.uspto.gov /web/menu/pbmethod   (233 words)

  
 Recent International Developments Concerning Software and Business Method Patents
Floor Statement and Press Release of Rep. Berman regarding the introduction of the Business Method Patent Improvement Act.
These conclusions are the result of a Nov. 1, 2000 public consultation initiated by the UK Patent Office.
Policies concerning 'Business Method Patents' Japanese Patent Office.
www.cptech.org /ip/business/international.html   (506 words)

  
 Public Policy Issues Related to Business Method and Software Patents
Legislation, Studies and Patent Office Policies and from around the world regarding software and business method patents.
October, 1999, William Ramsey, Patenting Business Methods, Business Monthly.
May 1999, John B. Moetteli, Esq., Financial Services Using New Business Methods Enabled by Software are Now Patentable in the U.S. - with Extraterritorial Effects This is the first draft a May 1999 article published in The Journal of World Intellectual Property Law.
www.cptech.org /ip/business   (442 words)

  
 Bay Area Intellectual Property Group, Patent Firm -- Patent Information, Patents, Search, and Invention Development   (Site not responding. Last check: 2007-11-03)
Bay Area Intellectual Property Group assists clients worldwide in establishing and obtaining their intellectual property rights.
We "right-size" our services to fit our client's unique IP needs- not the standard "one size fits all" approach.
Whether you are a business building a "patent wall" around your crown jewel, a law firm needing help with overflow casework, or an individual innovator who needs a simple "Patent-Pending" status for aggressive marketing, we render the quality of service you need, affordably.
www.bayareaip.com /index.htm?bizmthd   (188 words)

  
 IPMENU - Entry  to Software & Business Method Patent Resources   (Site not responding. Last check: 2007-11-03)
IPMENU - Entry to Software and Business Method Patent Resources
Please enter your password and click "Enter" to proceed to
the "Software and Business Method Resources" Page on IP Menu:
www.ipmenu.com /private/entry.htm   (43 words)

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