An "Opposition" to the Recently-Proposed Legislation Related to Business Model Patents


Gregory J. Maier, Thomas J. Fisher & Philippe J. C. Signore


VOL. XX • Spring 2002 • NO. 3 (table of contents)

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The authors in this article review the history of the business method exception before and after the State Street Bank case. In that case, the Court of Appeals for the Federal Circuit decided that there was no business method exception, and never had been. The court pointed out that previous decisions were decided on other grounds found in the statutes. The authors argue that, because of the timing and economic environment of the decision, the case gained much popularity and discussion. However, the patent law has not changed since then and the business method exception is still not a patentable subject matter. Hence, the authors argue that such custom-made legislation as the Business Method Patent Improvement Act of 2001, introduced in 2001, would create rather than address problems.

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