Document Type
Article
Abstract
Some movies follow a basic formula: the protagonist overcomes seemingly impossible odds to defeat an invincible antagonist. The hero typically receives assistance from valuable supporting characters. One of the most common supporting characters is an eccentrically brilliant scientist. The scientist is an intriguing character because his home or laboratory is always filled with amazing inventions that the world has never seen. The scientist then gives the hero the perfect new device that will defeat the evil villain. Although this stroll down movie lane has little to do with business method patents for computerized processes, the example of the eccentric scientist illustrates a major obstacle that patent law wishes to overcome. While we all love amazing inventions, the scientist will normally withhold technological advances from society. Because, no one knows about the new inventions no one can make subsequent advances. As a result, society is no better off.
More than two centuries ago, the United States established it own set of patent laws to promote technological advances in society. Patent law provides incentives for inventors to make their technological knowledge available to the public. By doing so, others can take this knowledge and develop further technological advances. However, as with other areas of law, computers and the Internet have caused much dispute within the field of patent law. The debate centers around the patentability of computerized business methods. More specifically, the major issue is whether new software designs comprise significant enough technological advances to deserve patent protection. Part II of this Article presents a brief history of the business method patent. Part III discusses the division of technology into two components. Part IV presents a sophisticated approach for analyzing computerized processes. Part V explores the substantiality approach and its application to both computerized business methods patents and other areas of law concerning computers and the Internet. Part VI discusses the issues concerning business method patents for computerized processes. This Article will present the substantiality approach as a proper analysis of the patentability of computerized processes. This sophisticated approach, demonstrates that there is no such thing as a business method patent; rather, business method patents are simply normal patents that follow the same analysis.
Recommended Citation
Kevin Michael Lemley,
Just Turn North on State Street and Then Follow the Signs Given by the Federal Circuit: A Sophisticated Approach to the Patentability of Computerized Business Methods,
8 J. Tech. L. & Pol'y
(2003).
Available at: https://scholarship.law.ufl.edu/jtlp/vol8/iss1/1