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Subject:
Patentability of a "business method"
Category: Business and Money Asked by: tateti-ga List Price: $2.00 |
Posted:
12 Dec 2005 06:16 PST
Expires: 11 Jan 2006 06:16 PST Question ID: 604762 |
I need to find a US registered patent agent/agency able to help in revising the patentability of a provisional patent application for a bussiness method. Fees need to be in the low range (as a matter of fact, as low as possible!). The patentability assessment should include suggestions to improve the claims. |
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There is no answer at this time. |
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Subject:
Re: Patentability of a "business method"
From: myoarin-ga on 12 Dec 2005 16:10 PST |
Tateti, You might check this site's explanation of what can be patented. I have difficulty understanding how a "business method" meets the description: http://www.silo.lib.ia.us/specialized-services/patents-trademark/patent-definition.htm Good luck, Myoarin |
Subject:
Re: Patentability of a "business method"
From: tateti-ga on 13 Dec 2005 01:33 PST |
Dear Myoarin, Thanks a lot for your message! Best regards, Tateti |
Subject:
Re: Patentability of a "business method"
From: socal-ga on 20 Dec 2005 09:32 PST |
Yes, Business Method patents are available in the US. The State Street Bank & Trust Co. v. Signal Financial Group, Inc. 149 F.3d 1368 (Fed. Cir. 1998) cert denied 119 S. Ct. 851 (1999) decision is the ruling authority. The most famous and controversial patent of this type is the Amazon "1-click" patent. |
Subject:
Re: Patentability of a "business method"
From: myoarin-ga on 21 Dec 2005 03:59 PST |
Socal, Thanks for the reference. It is apparent that we need to know more about the ?business method? to comment appropriately. On this site, the case report, footnote no. 2 makes just this point: ?[2] The use of means-plus-function language results in construction of the claim as an apparatus (i.e., machine) rather than a method (i.e., process), even if no discrete devices or structures are described in the claim itself. See 35 U.S.C. § 112, para. 6. Structure is imparted to the apparatus claims by reference to devices or apparatus disclosed in the specification. See In re Donaldson Co., 16 F.3d 1189, 1192-94 (Fed. Cir. 1994) (en banc).? http://www.kuesterlaw.com/saris.htm As I understand it, Signature defended successfully its standpoint that it had patented an ?apparatus? and not just a ?method (i.e., process)?. Let?s not argue about it. Savvy lawyers apparently haven?t been sure. I hope this is of interest to Tateti. Regards, Myoarin |
Subject:
Re: Patentability of a "business method"
From: pafalafa-ga on 21 Dec 2005 05:03 PST |
myoarin-ga, Business methods have been patentable for about a decade now, and are rather well-known (infamous, even) and well-established. There's nothing to 'argue' about. Quite a number of GA questions have addressed these sorts of patents. |
Subject:
Re: Patentability of a "business method"
From: myoarin-ga on 22 Dec 2005 04:00 PST |
Paf, thanks. Perhaps I have (had) a too European concept of what a "business method" is. http://www.intellectual-property.gov.uk/faq/patents/business_methods.htm Apparently the term now (in the context of the question) implies the necessary related technology: "III. CLASS 705 - DEFINITION The title of Class 705 is "Data processing: financial, business practice, management, or cost/price determination." The definition of Class 705 is "machines and methods for performing data processing or calculation operations in the: 1) practice, administration or management of an enterprise; 2) processing of financial data; or 3) determination of the charge for goods or services. Thus, only computer-implemented processes related to e-commerce, the Internet and data processing involving finance, business practices, management or cost/price determination are classified in Class 705. All other applications that may be labeled a "business method-type application" will be classified, assigned and examined according to their technology." (Successfully Preparing and Prosecuting a Business Method Patent Application ) http://www.uspto.gov/web/menu/pbmethod/ Tateti, This site could be of help to you; the quotation is from a linked 13 page article. There are several other links about Class 705. Again, thanks, Paf. I should have done more searching before. Myoarin |
Subject:
Thanks
From: tateti-ga on 22 Dec 2005 04:58 PST |
Myoarin, thanks a lot for your post. Pafalafa, thank you for your comment. I will have a look. Socal, once again, thank you very much. : ) Tateti |
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