ELIGIBILITY OF BUSINESS METHOD PATENT IN MALAYSIA

Abstract

This paper analyses the patentability of business methods in the United States, United Kingdom, and Malaysia. In order to do this, we compared the existing law, court cases, and government guidelines in respective countries on how they assess the patent application for computer or software operation as a method of doing business in this technological era. Our results showed that business methods were historically not patentable but are now eligible for patentability in some countries. This type of invention could be patented in the United States but not in the United Kingdom and Malaysia. Despite being allowed to be patented in the United States, there are still arguments and development by the Court and the United States Patent & Trademark Office regarding the assessment of the claim. For United Kingdom, despite the exception in United Kingdom Patents Act 1977, a thorough look reveals that business methods are actually eligible for patentability in the United Kingdom but somewhat under stricter legal conditions. As for Malaysia, there is as yet a reported case that has judicially considered the scope of this exclusion but it can be seen that Malaysia also starting to acknowledge the patentability of business methods. This study emphasizes the development of assessing patent applications for the method of doing business invention along with the changes and advancement of these days technology.