Business Methods Allowance Checklist
- Useful, concrete, and tangible result.
- Not a judicial exception per se.
- Not just data per se.
- Not simply automating a known or obvious process on a computer or on the internet.
- Not a computer program per se.
- Not merely non-functional data on a storage device, i.e., music on a cd.
- If functional signal is being claimed, must be statically embedded in a computer-readable medium.
- The feature that appears to distinguish over the prior art does not merely appear in a recitation of intended use, the name or title of a feature or in non-functional descriptive material.
- Searches for analogous art related to the distinguishing feature were conducted.
- The meanings attributed to the words of the claim are the plain, ordinary, meanings unless criteria for a special definition have been met.
*You must be able to answer yes to all of these statements.
Wednesday, April 30, 2008
PTO's Checklist for Business Method Patents
If you file a patent that has the misfortune of being treated as a "business method patent" by the PTO - meaning that it is in Class 705 - then there is a special checklist that the PTO will use during prosecution. Check out the Business Methods Allowance Checklist - one of several valuable resources on the PTO's page on business methods.