Is the end of ‘business methods’ patents too much to hope for?

It probably is, however there is conjecture that a case up before the federal court of appeals might change the patentability of business methods. Reffered to as Bilski (after the last name of the original filer), the patent was files in 1997 and was one of the first to claim a patent on a business method, and the ruling that upheld it against challenge is considered the validation of business process patents as a concept.

While the case has been heard in appeal before the new look at the facts is expected to overturn the patent. The reality is that it is possible to overturn the patent without changing the nature of methods patents, but given that this case was one of the original citations for precedent it would give a hit to the practice. Unfortunately now, there are so many other cases that could be cited as precedent it could be way too late to shut that gate without lawmakers getting involved.

The idea that a business method represents true innovation that deserves patent protection is not intellectually defenseable, but the nature of the corporate beast is to take whatever advantage they can get. If this is not the end of this sorry saga hopefully it is a nail in its coffin.