Today, it is well accepted that “anything under the sun that is made by man” can be patented.  As long as an idea has practical utility, is novel and non-obvious, the patent system welcomes it into the fold.  “Whoever invents, or discovers, any new and useful process, machine, manufacture, composition of matter or any new and useful improvement thereof, may obtain a patent therefore subject to the conditions and requirements of this title 35 U.S.C. § 101.  While these patents are relatively few in number, in comparison to the over six-million patents issued, it would be doing the inventors and the Patent Office a disservice to conclude that these are simply a mistake.

“Business method” is a generic term that has been used by many to describe various types of process claims.  The Federal Circuit has not yet defined what it is that specifically characterizes a business method claim and separates it from other process claims.  The Court has, however, stated that claims drawn to a method of doing business should not be categorized as a “business method” claim; instead they should be treated like any other process claim.  State Street Bank & Trust Co. v. Signature Financial Group, Inc., 47 USPQ2d 1596, 1604 (Fed. Cir. 1998).

Recent growth in business technologies, particularly in areas related to electronic commerce, has been substantial.  Computers and the Internet have created an information age that is revolutionizing society, and although the economy has experienced recent highs and lows, patent protection is still being sought for areas related to e-commerce and the Internet.  Thus, the areas of the United States Patent and Trademark Office (USPTO) that examine patent applications related to business-method inventions continue to attract public attention.

The hands-on/no-nonsense approach of Advantia comes from the real-world experience of its team of attorneys.  Our recommendations are not based on what we have learned from textbooks but from years of experience.  Our mission is to put the power of today’s ideas to work for our Clients’ success.