Patenting methods of doing business was first sanctioned by the Federal Circuit in State Street Bank v. Signature Financial Group. Since then, the PTO has been swamped with applications seeking protection for business methods. Recently issued patents, such as Amazon.com’s "one-click" and online affiliates patents, have generated public controversy and calls for the restriction or abolition of patents for business methods.
In response, the PTO will launch new policies to raise the level of scrutiny of applications relating to business methods. First, applications in the business methods class (Class 705) will require a mandatory search of U.S. and foreign patents and non-patent literature. Next, a second-level review of allowed applications in Class 705 will be required to assure that each application gets a second look. Finally, the sample size for in-house review of Office actions in the Class will be increased, further raising the level of scrutiny.
