Document Type
Note
Abstract
In this Note, the author will discuss the history of the “business method” patent and the evolution of case law resulting in the Federal Circuit’s decision in State Street. Further analysis of subsequent case law and proposed reform leads to the proposition that the standard for issuing business method patents definitely needs narrowing, potentially through a categorical exclusion and additional standards of non-obviousness under section 103. By tailoring the American patent system to reflect more similarly that of Europe, business method patents would be more limited, disallowed categorically by statute, and bound by an additional non-obvious requirement related to technicality. However, the patent would issue when examiners could determine it sufficiently meets the new and non-obvious standard and sufficiently promotes innovation.
Recommended Citation
Alexandra Wilson,
Business Method Patents Gone Wild: Narrowing State Street Bank and Shifting to a European Perspective,
12 J. Tech. L. & Pol'y
(2007).
Available at: https://scholarship.law.ufl.edu/jtlp/vol12/iss1/3