Monday, February 06, 2006

Follow up on business method

Prof. Lee asked in an earlier post if there was an early case with business method patent, this is pasted from my note, i'll keep it to a short snipet, due to the classes concerns about length...
"Hotel Security Check Co. v. Lorraine Co. was the first major case to deal with a business method patent question back 1908. Case dealt with a method for "cash-registering and account-checking." The Second Circuit struck down the patent claims in the case eventually finding invalidity due to prior knowledge. The court said that anyone conversant in the business could have come up with it.. Court was concerned mainly with if it was novel or not, not if it was eligible subject matter, however this didn’t open up the subject matter issue. It was not until recently in 1998 when the flood gates of business method patenting were opened up by the Supreme Court in State Street Bank & Trust Co. v. Signature Finacial Group, Inc. Data processing system for a financial services portfolio had been made in partnership, District Court said it was not subject matter under 35 U.S.C. §101. Appeals court changed this. State Street was reaffirmed in AT&T Corp. v. Excel Communications."

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