Posts in Business Methods


The 2015 Brokered Patent Market: A Good Year to be a Buyer

If you were buying patents in 2015, you likely did better than any previous year. The patent market, and, in particular, the brokered patent market, continues to be …

Patenting business methods and software still requires concrete and tangible descriptions

The key to obtaining a software patent is to thoroughly describe the system and processes from a technological level. As to Judge Chen explained in DDR Holdings, …
By Gene Quinn
10 months ago 0

Are Business Method Patents Dead? It Depends on Who’s Applying for Them

Business method patents are still being granted after Alice, but are being granted at lower rates than before, and some assignees are better at obtaining them than …
By James Cosgrove
11 months ago 5

Patent eligibility forum discusses examiners application of Mayo, Myriad, Alice

Drew Hirshfeld, Deputy Commissioner for Patent Examination Policy, went over the highlights of the USPTO interim guidance, explaining “first, we were able to narrow the funnel that …
By Gene Quinn
1 year ago 3

Software and business methods over half of Google, Microsoft US patents

Software and method patents may appear to have fallen out of favor because of recent court decisions and legislation. However, recent trends indicate that they comprise surprisingly …

Post-Alice, Allowances are a Rare Sighting in Business-Method Art Units

Since the Alice Corp. decision, rejections under 35 U.S.C. 101 have become substantially more common in business-method art units, and notices of allowance have become substantially more …
By Kate Gaudry
2 years ago 4

Missed Opportunities for Alice, Software at the Supreme Court

It seems undeniable that Alice missed many opportunities to score easy points. Indirect arguments were made by Alice that didn't seem very persuasive. Indeed, if one is …
By Gene Quinn
2 years ago 19

Bank of America Seeks Patent on ATM with a USB Port

Our featured patent application today discusses the operation of an automatic teller machine, or ATM, that includes a universal serial bus (USB) port. This USB port would …
By Steve Brachmann
3 years ago 5

Fixing the Patent System to Improve Innovation

Settling nuisance value perpetuates the cycle, as the automobile industry discovered in the 1980s and early 1990s. Show a willingness to pay extortion-like demands and you will …
By Gene Quinn
3 years ago 42

Art Units in Misc. Computer Applications Have 72% Allowance

This all means that the “business method Art Units” are not the only ones charged with examining applications covering computer-implemented methods. In fact, there are Art Units …
By Gene Quinn
3 years ago 0

CLS Bank v Alice – Federal Circuit Orders en banc Rehearing

It is arguable that neither view is beyond criticism and that any emergent legal test as to patent-eligibility demands further development. There is much to commend the …
By Paul Cole
4 years ago 9

Business Methods (and Software) are Still Patentable!

For at least the past 15 years, the legal, technical and academic communities have been debating the patentability of business methods and software. Despite much negative press ink, …
By Raymond Millien
4 years ago 4

UK Perspective: Bancorp Services v. Sun Life Assurance

The EPO applies what might be referred to as a “subtraction” test for claims containing a mixture of patent-eligible and patent-ineligible features, those features that are patent-ineligible …
By Paul Cole
4 years ago 2

Bancorp Services: Further Fracturing of the Patent Eligibility Landscape for Business Methods and Systems*

In holding the method, system, and media claims of the ‘792 and ‘037 patents to “cover no more than abstract ideas and therefore do no recite patent-eligible subject matter,” …
By Eric Guttag
4 years ago 4

CLS Bank International: A Fractured Landscape of Patent Eligibility for Business Methods and Systems*

These polar opposite decisions in CyberSource and Ultramercial illustrate how fractured the Federal Circuit’s patent-eligibility landscape has now become for business methods and systems. The most …
By Eric Guttag
4 years ago 28