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Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods.
The European Patent Convention does not mention method patents (called process patents) so prominently, and the same applies to the TRIPS Agreement. The prime characteristic of process patents in these treaties is that "the protection conferred by the patent shall extend to the products directly obtained by such process". [8] Art. 28(1)(b ...
Business method patent – includes patents on new types of e-commerce; and on methods of doing business in insurance, banking, tax compliance, etc. A business method may be defined as "a method of operating any aspect of an economic enterprise". [2] Tax patent – discloses and claims a system or method for reducing or deferring taxes. In ...
On review in 2014 the Supreme Court reduced the patent-eligibility of software patents or patents on software for business methods, excluding abstract ideas from the list of eligible subject matters. After much confusion within the patent examiners and patent practitioners, the USPTO prepared a list of examples of software patent claims that ...
The USPTO has been criticized for taking an inordinate amount of time in examining patent applications. This is particularly true in the fast-growing area [needs update] of business method patents. As of 2005, patent examiners in the business method area were still examining patent applications filed in 2001. [citation needed]
The most significant restrictions occurred over time with respect to patentability of "processes" (methods). For example, patenting of business methods in US (in contrast to other countries) was quite common between c. 1990 and 2014, [20] but courts gradually curtailed patentability of business methods to the point of almost complete exclusion ...
The defense of non-infringement is that at least one element of an asserted claim is not present in the accused product (or in the case of a method claim, that at least one step has not been performed). The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims.
Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection.