Download or read book Business Method Patents written by Gregory A. Stobbs and published by Wolters Kluwer. This book was released on 2002-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a landmark decision, the Federal Circuit Court of Appeals, in Signature Financial v. State Street Bank, held that business methods may be patented. This holding, together with the explosive growth of the Internet, has turned the business method patent into the "hot" new growth area of intellectual property. Business Method Patents is your guide to the unique opportunities and risks in this emerging area of IP law. Depend on it as your authoritative source for court-tested guidance on: - Mechanics of the patent application - Prior art researching - Drafting claims - Drafting the complete specification - Drawings required for business method patents - Illustrating the business system through drawings - Building a patent portfolio for attracting capital - Enforcing and licensing business method patents.
Download or read book Business Method Patents written by Gregory A. Stobbs and published by Wolters Kluwer. This book was released on 2011-10-25 with total page 2458 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a landmark decision, the Federal Circuit Court of Appeals in Signature Financial v. State Street Bank held that business methods may be patented. Recently, the US Supreme Court in Bilski v. Kappos left the door open for the availability of patents for business methods. These holdings, together with the explosive growth of electronic commerce and technology, make the business method patent an important growth area of intellectual property. Now in a revised Looseleaf format, this completely updated Second Edition of Business Method Patents is your guide to the unique opportunities and risks in this emerging area of intellectual property law. Business Method Patents, Second Edition is your authoritative source for expert guidance on: The landmark Supreme Court decision in Bilski v. Kappos USPTO view on business method patents, including an overview of BPAI rulings Mechanics of the patent application Prior art searches Drafting claims for business method or model and e-commerce inventions Drafting the complete specification Drawings required for business method patents Building a strategic patent portfolio Litigating business method patents International protection for business methods
Download or read book Business Method Patents written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2001 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
Download or read book Business Method Patents written by Jeffrey A. Berkowitz and published by . This book was released on 2002-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Software Patents written by Gregory A. Stobbs and published by Wolters Kluwer. This book was released on 2012-01-01 with total page 1998 pages. Available in PDF, EPUB and Kindle. Book excerpt: Never before has one resource broken down the process for drafting software patent specifications and claims into manageable segments. Software Patents, Third Edition will show you how to draft accurate, complete patent applications -- applications that will be approved by the patent office and that will stand in court if challenged. It discusses what a software patent is and the legal protection it offers; who holds software patents and for what inventions; and the steps you can take to protect software inventions in the worldwide marketplace. The book also explores internet and e-commerce patents and information protection using the software patent. Completely revised and updated in a new looseleaf format, Software Patents, Third Edition is your authoritative source for expert guidance on: Strategic software patent protection Prior art searches Drafting claims Drafting the software patent specification Requirements for software patent drawings Patent Office examination guidelines International software patent protection Beta testing software inventions Integrating software patents with industry standards Invalidity defenses in software patent litigation
Download or read book Business Method Patents Cumulative Supplement written by Gregory A. Stobbs and published by Aspen Publishers. This book was released on 2004-11-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book E commerce Business Method Patents and the USPTO written by Q. Todd Dickinson and published by . This book was released on 2001 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Failure written by James Bessen and published by Princeton University Press. This book was released on 2009-08-03 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
Download or read book The Business Method Patent Myth written by John R. Allison and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although business methods previously had been patented, the Court of Appeals for the Federal Circuit first gave them formal recognition as patentable subject matter in 1998. Internet business method patents have been roundly criticized by most observers as being singularly inferior to most other patents. Many have even argued that business methods should not be patentable subject matter. As a result, Congress and the Patent and Trademark Office (PTO) singled them out for special treatment. All of these criticisms were voiced without empirical support. We gathered data on most Internet business method patents issued through the end of 1999 and compared them with a large contemporaneous data set of patents in general. We also compared them with patents in fourteen individual technology areas within the general patent data set. Our comparison focused on several metrics that we believe serve as good proxies for patent quality and value. We found that Internet business method patents appear to have been no worse than the average patent, and possibly even better than most. They also appear to have been no worse, and possibly even better than patents in most individual technology areas. These findings lead us to question the conventional wisdom that these patents were uniquely deficient. We briefly explore some possible explanations for the chasm between the accepted view and what we believe to have been the reality, including the possibility that negative opinions about these patents may have been characterized by an information cascade. More important, we believe that efforts to single out these patents for special treatment not only lacked sound justification in the particular case but also reveal more fundamental problems associated with ex ante definitions to carve out any particular technology area for different treatment.
Download or read book Emerging Trends in Business Method Patents written by and published by Aspatore Books. This book was released on 2012 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emerging Trends in Business Method Patents provides an authoritative, insiders perspective on key strategies for keeping up-to-date on recent developments in the area of business method patents. Featuring partners from some of the nations leading law firms, these experts guide the reader through the process of interpreting relevant decisions and legislation in order to develop an effective patent strategy. These top lawyers reveal their advice on navigating the post-Bilski environment, determining patent eligibility, and overcoming patent drafting challenges. From CyberSource Corp. v. Retail Decisions Inc. to Ultramercial LLC v. Hulu, et al., these authors discuss recent case law that will affect patent applicants going forward. These leaders also share their strategies for understanding Section 101 and the machine-or-transformation test, as well as implications of the America Invents Act. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving area of law.
Download or read book Patents in the Knowledge Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-08-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Download or read book Business Method Patents written by Sam Ricketson and published by . This book was released on 2003 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introductory comments -- Protecting methods and schemes: some examples -- What is a "business method" patent? -- "Manner of manufacture" within the meaning of s.6 of the Statute of Monopolies -- The history of s.6 of the Statute of Monopolies -- Mere new uses of entities or methods which are well known -- The public interest: general inconvenience -- Should business methods be protectected?: the continuing problem of definition -- National need -- Intenational obligation -- How to proceed? -- Concluding remarks.
Download or read book An Assessment of the Patentability of Business Methods in the US and European Jurisdictions and an Evaluation of the Implications written by Li Sun and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances in information technology have enabled the design and development of innovations in business methods. This is particularly felt with IT enabled innovations such as Sun Microsystems' stateless shopping Cart for the web which is a Web shopping cart system that does not require any data files to be maintained on either the client or the server. Firms attempt to leverage these innovations to gain competitive advantages through cost reduction and other quality improvements, which may also pass some benefits on to consumers. However, such competitive advantages are increasingly difficult to sustain because business method innovations are often easy to copy or imitate. Quick and cheap imitation of innovative products and processes may reduce the incentives for firms to invest further in innovation. Thus, patent protection for business method inventions became a live issue with different on outcomes as between the US and Europe. At present, in the US business method patents are legally recognised since the State Street Bank decision, 149 F. 3d 1368 (US Court of Appeals for the Federal Circuit 1998). However, the European Patent Office (EPO) still is noncommittal although some business method-related inventions have been granted de factoprotection by EPO suchas Hitachi Ltd's automatic trading method and apparatus (EP 567 291), the Western Union Company's method and system for performing money transfer transactions (EP 848 361) etc. John Stuart Mill (1909) said "the superiority of one country over another, in a branch of production, often arises only from having begun it sooner".1 So it seems that the uncertainty of EPO's attitude to business method patents may result in a serious negative impact in European industry and economy. This thesis sets out to examine what precisely are the attitudes of the US and European institutions to business method patents and to explain what is the present law and how it has arisen. The author thereafter carries out an evaluation of the rationed economic and social effects of allowing / disallowing Business Method Patents and to address the question of whether Europe should adopt patent protections for business method-related inventions. To address these questions, the research focuses on the following questions: (1) under the current legal framework provided by EPC what business method-related inventions can be granted European patent? (2 )whether business method -related inventions are worth protecting by the patents in Europe. To answer the latter question, the thesis not only analyses the predictable economic and social effects of allowing or alternatively disallowing business method protections generally, but we also discuss "patent quality" which is used by US patent economists to analyse whether business method inventions have a sufficient value to justify the granting of exclusive patent rights in return for disclosure of the inventions' specifications to the public. In analysing the predictable and likely economic and social effects of allowing or alternatively disallowing business method protections, the US position in patenting business method -related inventions needs to be considered, therefore the thesis also evaluates the US patent legal framework for business method patents and contrasts it with the European position. Through analysis of the relevant provisions and decisions, the research has concluded that under the current legal framework business method apparatus inventions are patentable in Europe if they can meet the patentability requirements of the European Patent Convention (EPC). To the effect that if a business method process invention is achieved by a technical means, solves a technical problem, or achieves a technical effect, it is often patentable in Europe provided it meets the EPC patentability requirements. However, turning to the evaluation of the economic effects of business method patents, economic analysis cannot find strong evidence to support increasing the current protections for business method patents. At the same time, the economic analysis also cannot find strong evidence to oppose present protections for business method patents. But when the US position is considered, infringement risk would favour it for it appears on balance that there may be some reason to think that Europe should adopt stronger protections for business method patents. Furthermore, the value of disclosing patented business method-related inventions' specifications seems also to show that accepting business method patents is an appropriate choice for Europe. 1 Mill, J. S.,1909. Principles of Political Economy.7thed. London: Longmans Green. p. 78.
Download or read book The Impact of Bilski on Business Method Patents written by and published by Thomson West. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Bilski on Business Method Patents is an authoritative. Insider's perspective on representing clients and understanding recent developments in this area of law. Featuring parents from some of the nation's leading law firms, these top attorneys outline the recent Federal Circuit decision and discuss the controversies related to that decision, including the procedural changes, the new legal standard for patent eligibility, and the intended and unintended effects of Bilski. From describing the conceptual evolution of business method patents to predicting how the Supreme Court might rule in the recent appeal of the Bilski decision, these authors discuss the uncertain future of this type of patent protection. Additionally, these top lawyers offer innovative tips and strategies for filing patents within the current legal environment. The different niches represented and the breadth within the current legal environment. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this ever-evolving area of the patent law.
Download or read book Business Method and Software Patents written by Morgan D. Rosenberg and published by OUP USA. This book was released on 2012-03-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business Method and Software Patents addresses the drafting of business-method and software patents in the wake of the U.S. Supreme Court decision in Bilski v. Kappos. Morgan Rosenberg and Richard Apley offer a review and analysis of all relevant case law and guidelines presented by the United States Patent and Trademark Office (USPTO). With the use of actual patents filed by the authors, this work provides practical information and guidance on the drafting of successful patent applications.
Download or read book Patent Strategies for Business written by Stephen C. Glazier and published by L B I Law & Business Institute. This book was released on 2000 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Strategies for business to use patents to make money, software patents, business method patents internet patents. Patent asset management."
