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Should Business Method Inventions be Patentable? – topic of research paper in Economics and businessDownload scholarly article PDF and read for free on CyberLeninka open science hub.
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Patent Index Patent Applications Topic Matter Eligiblity Area 101 of the Patent Act states that processes, machines, articles of manufacture, and structures of matter are patentable. At very first blush, this wording appears to cover every imaginable type of innovation. To a large extent, this holds true. Under this statute, the United States has among the broadest standards for what makes up patentable subject matter in the entire world.
However, there are specific developments that are most likely to be challenged regarding whether they fall within Area 101, including software application creations and invention s associating with specific kinds of medical tests and diagnostics. Innovations that do not satisfy the requirements of Area 101 are thought about to fail the "subject eligiblity" requirement for patent defense, and can not receive a valid US patent even if they fulfill the other requirements for patentability (i.

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See 35 U.S.C. 101; and MPEP Sections 2104 and 2106 The language of Area 101 determines 4 kinds of developments that are patentable, namely processes, makers, articles of manufacture, and structures of matter. If an innovation does not fall within among these 4 categories, the creation is not patentable.

So is nonfunctional descriptive product, such as music, literary works, and compilations or arrangements of information. It is also clear that electromagnetic waves or signals do not fit into any of these categories, and therefore are not patentable. Finally, a claim to "software" that is not connected to a process or a physical device (such as a computer system or mobile device) would also fall outside the 4 statutory categories and therefore would not be patentable.
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See MPEP Area 2106 In addition to falling within one of these 4 statutory classes, a development must likewise prevent a judicially developed "exception" to patentable subject matter if it is to be thought about a patentable type of innovation. Recent case law has recognized three different exceptions, particularly abstract concepts, laws of nature, and natural phenomenon.
v. CLS Bank International analyzed these three exceptions in some information. The "abstract concept" exception to patentable subject is especially crucial for patents connecting to software application, mobile-device apps, and the Internet. Lots of observers are of the opinion that a big precentage of software-related developments are no longer patentable after the Supreme Court's description of the abstract concept exception.