Business Method Inventions

Business Method Patents

Are Business Method Patents Possible?

Business method patents are not recognized in all countries and as such the granting of business method patents are subject to the jurisdiction area.

For something to be patentable it is generally regarded that the invention must pass the test of patentability, must thus be concrete in nature, novel, involve an inventive step, and applicable to industry or agriculture.

In light of the above requirements it is quite understandable that the business method may not easily be granted patent status.

Business method patents disclose new ways of doing business including for instance, e-commerce practices. Being such a new field within patent law, many countries have not yet adapted their patent laws and definitions to allow for this kind of patenting.

With the advances in online trading, it however, has become necessary to get some form of protection against infringement of the rights of such inventors.

The question isn’t so much whether a business method is of value and deserving of protection, but rather within which part of intellectual property law such should fall.

The United States Patent Office is perhaps ahead of most other countries with its guidelines regarding the evaluation of such patents.

Unfortunately there are no clear guidelines on the matter available from the World Trade Organisation. The TRIPS agreement also lacks definite guidelines regarding business method patents.

Over and above business method patents, which in South Africa, fall within the scope of copyright law rather than patent law, we at Smit & Van Wyk can assist clients in the application, registration,  and renewal of various types of patents in South Africa and abroad.

Contact us today for legal advice, agreement reviewing assistance, patent application assistance, and litigation help regarding intellectual property issues.