Business Method Patents Revisited: Recent Developments in the Protection of Computer Implemented Business Methods in the U.S. - Between the Promotion of Innovation and Protection of Investments?

Abstract

Criticisms against business method patents (BMPs) are almost exclusively directed at the quality of BMPs. It is viewed that many BMPs amount to no more than patents on known brick and mortar commercial techniques merely performed through the computer or on the internet e-commerce platform thus obvious. Although recent economic findings seem to suggest that BMPs and even software patents play a very little role in actually promoting technological innovation in the sciences and the arts, these findings have not conclusively established whether BMPs in particular actually hinder innovation or act as bottlenecks to competition. This paper discusses the current state of affairs regarding U.S. BMPs and seeks to establish from a vantage of hindsight, whether previous calls to abolish business methods from the scope of patentable subject matter under § 101 of the U.S. Patent Act have any merit in light of recent developments.