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- The Business Method Patent: The Uproar Rages - Should It?
- 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...
- White papers 2003-01-01
- Business Method Patents Commerce in Digital Goods
- This article brings out details about "business method" patents that are patents relating to the creation and distribution of "digital goods." Digital goods can comprise any product or service that can be turned into bits and bytes. Commerce in digital goods is the quintessence of commerce using the Internet. Although...
- White papers 2003-04-01
Additional Resources
- Bilski Decision Leaves Business Method Patents in Dire Straits
- Today the U.S. Court of Appeals for the Federal Circuit CAFC affirmed a previous ruling in the In Re Bilski case, striking down many if not most business method patents and setting the stage for a likely appeal to the Supreme Court. At stake is whether companies will be able...
- Blog posts 2008-10-30
- Challenging or Infringing Another's Business Method Patent
- Many think the U.S. Patent and Trademark Office USPTO has gone hogwild granting business method patents on obvious technologies and abstract ideas, unfairly preventing others from using them for the common good. If you find yourself in this boat, there are a few things you can do. Challenging a...
- Research articles 2004-09-15
- The multiple unconstitutionality of business method patents: common sense, congressional consideration, and constitutional history.
- I. INTRODUCTION Business method patents are of sufficiently doubtful constitutionality that the Supreme Court should either render them void or, at the least, require a clear Congressional fact finding that they are likely to promote the "Progress of ... [the] Useful Arts." (1) Four separate arguments support this...
- Research articles 2002-03-22
- Challenging or Infringing Another's Business Method Patent
- Many think the U.S. Patent and Trademark Office USPTO has gone hogwild granting business method patents on obvious technologies and abstract ideas, unfairly preventing others from using them for the common good. If you find yourself in this boat, there are a few things you can do. There are two...
- Research articles 2006-11-01
- Filing Business Method Patent Applications in Canada
- Applications Corresponding to USPTO Applications are Being Filed in Canada Much has been written in recent years about the patentability of business methods in the United States. While it has been suggested that the famous State Street Bank decision has given rise to a flood of patent applications...
- Research articles 2002-05-27
- Drayton Richdale Corp. Announces a Legal Opinion That Claims Home Depot and Lowe's May Be Infringing on the "Materials and Supplies Ordering System" Business Method Patent
- Drayton Richdale Corp. (OTC: DRYN), the intellectual property market place, announces an independent third party legal opinion from a nationally renowned intellectual property law firm, that claims Home Depot, Lowe's and similar operations, vertically and horizontally integrated, specific to the construction industry as a whole, may be infringing on Matlink,...
- Research articles 2006-03-20
- International Law of Business Method Patents, The
- In its 1998 decision in State Street Bank and Trust Co. v. Signature Financial Group, Inc., the United States Court of Appeals for the Federal Circuit which now hears all patent appeals in this country addressed "the judicially-created, so-called 'business method' exception to statutory subject matter" (149 F. 3d 1368,...
- Research articles 2003-10-01
- Opposition in Bilski Targets Business Method Patents Test
- Business method patents have been a contentious issue, with some saying that they're necessary for software innovation and others claiming that they prevent innovation. The Bilski case, which will be hear by the Supreme Court, is bring up the issues, and chances are that there could be some significant shake-ups....
- Blog posts 2009-10-05
- International business method patent law
- Before the landmark State Street case in 1998, the courts and the U.S. Patent and Trademark Office USPTO had often denied patents to inventions that were no more than methods of doing business. But State Street swept away three decades of complex, inconsistent case law, firmly establishing the patentability of...
- Research articles 2003-12-22
- Thailand Company Uses Large-Scale Bartering as Alternative Business Method.
- By Parista Yuthamanop, Bangkok Post, Thailand Knight Ridder/Tribune Business News Apr. 8--Bartering is the oldest form of trade and an alternative to complicated financial deals. It leads to efficient cashflow management, according to Bartercard Thailand Co, whose logo -- a...
- Research articles 2002-04-08
- Business Method Patents: Adding to the Franchisor's Arsenal
- Franchisors have long packaged a business model along with a collection of intellectual property that includes service marks, trademarks, trade names, logos, trade secrets and copyrighted materials (e.g., operating manuals, product information sheets and advertising materials), in order to form an attractive business opportunity to potential franchisees. In order to...
- White papers 2003-09-23
- Business method patents take center stage at Atlanta Fed Conference.
- Coinciding with the rise of the Internet as a new business channel, a landmark legal case in 1998, State Street Bank & Trust Co. v. Signature Financial Group, Inc., provided the impetus for what may be a new "patent flood." Financial se Coinciding with the rise...
- Research articles 2003-04-01
- Invalidation of Business-Methods Patents Has Broad Implications
- Erick Schonfeld submits: If you are one of the recipients of the 1,330 business method patents issued in the U.S. last year, or the thousands more that have been issued rampantly and indiscriminately over the past decade, you are probably out of luck. The U.S. Court of Appeals in...
- External links 2008-10-30
- The new "problem" of business method patents: the convergence of national patent laws and International Internet transactions.
- 1. INTRODUCTION This article analyzes two evolving legal and technological domains: e-commerce and the law of patents as applied to business methods. Both of these domains possess a distinctly international character. Both are sources of conflict. E-commerce is a "borderless medium" that breeds multi-jurisdictional conflict. (1) Similarly, the...
- Research articles 2002-03-22
- E-Commerce and Business Method Patent, Trademark and Copyright Disputes Are The Future of Intellectual Property Litigation, According to PricewaterhouseCoopers Survey
- Business/Legal Editors and Writers
- Research articles 2000-04-26
- Priceline.com Broadens Patent Portfolio With New Business Method Patent
- STAMFORD, Conn.--BUSINESS WIRE--May 7, 1999--
- Research articles 1999-05-07
- Itaa & Us Patent & Trademark Office Launch Cooperative Effort - Company Business and Marketing
- The Information Technology Association of America ITAA and the US Patent and Trademark Office USPTO announced a plan to help the government agency keep pace with the rapid changes in software and related technologies. The cooperative arrangement between ITAA and USPTO is part of the customer partnership efforts recently...
- Research articles 2000-05-08
- Kick the Habit: The Excess Earnings Method Must Go!
- This article will expose the many problems with the excess earnings method as well as the large amount of criticism of the method that has come from all corners of the business valuation industry, including the very creator of the method. Business appraisers who continue to use the excess earnings...
- White papers 2003-01-01
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