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_any_ examples of non-bogus business method patents: Nope! | 179 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Sorry for my lack of insight,
Authored by: PolR on Monday, March 18 2013 @ 06:37 PM EDT
I agree with you.

This is a business method patent and the 'rubber' is not found anywhere.

I don't know what would be a non-bogus business method patent, but this isn't
one.

This case is a perfect illustration of what is wrong with the Federal Circuit
approach and the scary thing is they don't notice it.

[ Reply to This | Parent | # ]

_any_ examples of non-bogus business method patents: Nope!
Authored by: Anonymous on Tuesday, March 19 2013 @ 05:21 PM EDT

Because "business methods" are abstract!

If it must be tangible in the sense of having physical form... no business method is embodied in physical form.

That's the illusion. For those of us willing to give benefit of doubt, when pointed to the thought:

    It's possible there could be some totally new, unique, useful business method that deserves patentability
... we do that which we are inclined: give it benefit of doubt that it's possible.

Until we realize the truth is pretty simple:

    abstract concepts are not patent eligible subject matter
    business methods are abstract concepts
therefore:
    business methods are not patent eligible subject matter
It doesn't matter how unique, useful, creative, or any other positive adjective the "business method" is. No one questions the value in E=MC2. That doesn't make it any less the abstract concept and therefore unpatentable.

If it's unpatentable subject matter - there really is no need to examine any of the other limiting factors in Patent Law. To consider those relative to non patentable subject matter is to imagine the non-patentable is patentable after all. And you start to give truth to the lie when you start to view it that way.

I think that's why so many pro-software patent lawyers want the question moved to other limiting factors of Patent Law. So the abstract question isn't examined and the lie is given to the material making what should be unpatentable patentable.

RAS

[ Reply to This | Parent | # ]

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