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ARTICLE · 03 JUNE 2003

Crafting Meaningful Business Method Patents

United StatesIntellectual Property

Article by Stephen A. Becker and Paul Devinsky

This framework for preparing and prosecuting business method patents includes analyses of the types of claiming strategies available to the drafter, consideration of the scope of national patent protection and an understanding of competitors’ business operations. The focus is on how to obtain a commercially valuable patent likely to be directly infringed by competitors.

It is now well established that appropriately claimed business method inventions may be patented, if novel and not obvious over "prior art" methods of doing business. A business method patent is no more than an ordinary "method" patent, whose subject happens to be business. Nevertheless, business method patents are still considered sufficiently unique that precautions have been put into place by the U.S. Patent and Trademark Office to ensure that it does not issue excessively broad business method claims.

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