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JIPR Vol.11(3) [May 2006] >


Title: Business Method Patents: The Road Ahead
Authors: Ghosh, Abhimanyu
Keywords: Business method patents
software
State Street case
Issue Date: May-2006
Publisher: CSIR
Abstract: Business method patents (BMPs) are patents granted for particular business models, that are unique to a particular organization. United States Patent and Trademark Office (USPTO) have been granting patents for ‘business methods’ from the early 1990s. From then onwards, there have been a large number of BMPs, which have been consistently awarded in the US. However, there exists a huge debate whether this kind of patent should be granted or not – whether business models at all constitute patentable matter. In this paper, the author discusses evolution of BMPs, and argues that in spite of the criticisms, this form of patents is necessary, particularly, considering the current hi-technology scenario. The paper discusses BMPs not only from the US standpoint, but also the position taken by other countries and the repercussions of having a liberal attitude of US while granting patents to business methods, especially e-commerce transactions, which are usually mere replications of popular methods used in brick-and-mortar businesses.
Page(s): 175-184
ISSN: 0971-7544
Source:JIPR Vol.11(3) [May 2006]

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