Bagby, Business Method Patent
Proliferation: Convergence of Transactional Analytics and Technical Scientifics, 56 BUS.
A Welsh inventor of a business method patent
is fully entitled to file a patent on such an invention in the United States of America where business method patents
are regarded as patentable subject matter.
More specifically, under US patent law an inventor shall be entitled to a business method patent
unless the invention is already known or been patented elsewhere or the invention has been sold or is in use more than one year prior to the US patent filing date.
Our business method patent
enables health plans to lower their annual costs by as much as 90%, while at the same time improving the level of benefits for plan members suffering from ESRD.
(8) While the court recognized the general public interest in maintaining the integrity of a patent, it agreed with the defendant that the status of business method patents
as questionably patentable meant that there was a countervailing public interest in having the business method patent
practiced (which MercExchange did not do), therefore weighing the third factor equally for both sides.
There is no particular reason that the claims of a tax planning method patent
need mention "tax shelter" or even the word "tax." To be sure, the patent must disclose some utility for the investment system, but so long as that disclosure is couched in the terminology of investment rather than the terminology of taxation, there may be little or nothing to distinguish the application from other applications drawn to business methods.
An early example of a method patent
was presented in Cochrane v.
This consideration is whether to apply for a business method patent
on that unique concept.
2005), involving the popular Blackberry[TM] email communicators that effectively established that, with respect to method patent
claims, all the rights-defining claimed steps must be executed or practiced (found) in the U.S.
Utilities are second only to credit cards in offering customers online billing and payments (3), so it appears that utilities make attractive targets for EBPP business method patent
Microlaser Technologies AG against Leica Microsystems in the Munich regional court, the court haled that the "Combined Mode" method patent
violates P.A.L.M.'s two-stage catapulting method.
The apparatus patent expired in January 2005, and the method patent
expired in April 2005.