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
Recommended Citation
Kristen Osenga, Still Aiming at the Wrong Target: A Case for Business Method and Software Patents from a Business Perspective, in Perspectives on Patentable Subject Matter 29-44 (Michael Abramowicz, F. Scott Kieff & James E. Daily eds., 2014).