Business methods originally could not be patented at all, but they are now considered on almost the same basis as any other type of invention. Originally Business Methods Could Not Be Patentedīusiness methods is a rapidly evolving topic in patent law.The History and Evolution of Business Method Patents The Reverse Auction has been used to help consumers purchase airline tickets before they are even available. Once the item becomes available for auction, the system enters the user’s interactive bid. Priceline’s “Reverse Auction”: Priceline patented a system that allows users to place auction bids on items that are not yet available.1-Click shopping is useful because it simplifies online shopping for consumers. The website has a database that stores the user’s information to facilitate the transaction. Amazon’s “1-Click shopping”: Amazon patented a system that allows consumers to purchase items by clicking an order button on a website.Two of the most well-known examples of business method patents are: Examples of Business Method Patentsīusiness method patents can relate to business models that are an enormous source of revenue to companies, as well as an important part of the consumer experience.
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Accordingly, it will be entitled to the full protection of patent laws. That is, a business method can be patented if it is original, useful, and not obvious. The holder of a business method patent would be entitled to the same rights of a party that holds any other type of patent. The courts and the Patent Office have made it clear that a business method can be protected if it meets the standard requirements for patentability. The Patent Office uses this to classify patents that claim an “apparatus and corresponding methods for performing data processing operations… uniquely designed for or utilized in the practice, administration, or management of an enterprise, or in the processing of financial data.” Is Your Business Method Patentable? Most business method patents fall under Class 705. As a result, the Patent Office considers it a generic term that applies to many classes of subject matter. The Federal Circuit has not defined the specific subject matter of business methods. Although such patents can be obtained for any kind of business method, the applications often relate to automated business and e-commerce methods. There currently is no formal definition for what a business method patent is but, in general, it is a patent relating to a method of doing business. Business method patents represent a new and important area in patent law.
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