Can we patent the business methods? The federal court is divided on this.
Though the machine or transformation test from “In re Bilski” brought some clarity, this very issue has just not stopped short of capturing the limelight. We in 2009 did some observation from the US PAIR information to understand the potential impact resulting out of the In re bilski decision.
We conducted an analysis of hundreds of USPTO examination reports for method patents in three areas:
b. Medical device and diagnostic, and
As of 2009, we could establish that
- Rejection rates for software method patents are significantly higher since the Bilski decision in October 2008
- Medical diagnostic method patents are also affected
- Pharmaceutical method patents have been impacted, but to a much lesser degree
Click here to read the blog post.
In fact, we co-presented the same with Medtronic in the PIUG Annual Conference 2009. Think this would be an interesting read at this point of time when once again the federal court is divided on the business method patentability.