Posts in Business Methods


Crossing the Chasm: Avoiding and Surviving the PTAB

In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …

Is there a Tide-Change in the Prospects of Patenting Business Method Innovations?

In the years after the Alice decision, it had seemed as though examiners in the business method art units felt as though their hands were tied with …
By Kate Gaudry
7 months ago 8

PTAB denied institution of CBM against automotive feature consolidation patent under Unwired Planet standard

In a surprisingly restrained decision, the Patent Trial and Appeal Board (PTAB) released a decision denying institution of a covered business method (CBM) review proceeding on a …
By Steve Brachmann
9 months ago 0

Federal Circuit reverses PTAB, says CBM patents must be financial in nature according to the claims

The CBM determination includes patents that are “financial in nature” according to the claims; not patents that are “complementary” or “incidental” to financial activity according to the …

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
2 years 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
2 years 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
3 years 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
3 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
4 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
4 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
5 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
5 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
5 years ago 9