The Internet Business Method Patent
Issues and Short Answers
1. Issue: What is the
business method exception and what is its current status?
Short Answer: The business method exception is a judicially-created
rule - now no longer recognized - which held all business methods per
se unpatentable. The State
Street decision is the watershed case that abolished this rule.
2. Issue: What are
the current limits on the validity of Internet business method patents?
Short Answer: Internet business method patents are subjected
to the same statutory standards as any other patent. Specifically, they
must comply with 35
U.S.C. § 101 (new and useful), §
102 (novelty explained), §
103 (non-obvious), and §