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Special project: Internet Law
  Business Method Patents
    • Introduction
    • Issues & short answers
    • Previous state of the law
    • Discussion
    • Authorities cited
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 § 112 (specification).


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