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