Abstract

In Part I, I briefly discuss the rise and recent fall of business method patents. Part II covers the scholarly literature discussing business method and software patents. In Part III, I explain the proxy argument that I have made elsewhere and show how it plays in the recent decisions surrounding the patent eligibility of business method and software inventions. I then explain why the analysis of business method and software patents in the literature uses the same proxy-type arguments to avoid more difficult questions of patentability and policy. Finally, I conclude by explaining how business method and software patents, if administered properly, are actually good for business.

Document Type

Book Chapter

Publication Date

2014

Publisher Statement

Perspectives on Patentable Subject Matter by Michael Abramowicz, F. Scott Kieff & James E. Daily eds., Cambridge Univ. Press, 2014

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