Journal Article

Should business methods be patentable?

Xinxing Qu

in Journal of Intellectual Property Law & Practice

Volume 5, issue 6, pages 412-423
Published in print June 2010 | ISSN: 1747-1532
Published online March 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq013
Should business methods be patentable?

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Legal context

This article has practical application for the fields of business, patent law, and especially their cross areas.

Key points

The article seeks to provide one detailed review of BMP's historic developments and their status quos in USPTO, EPO, and JPO. What is also included in this article is the all-around arguments in relation to BMPs, which try to analyse the nature of BMPs in substance. Based on the above analysis, this article also explores the future of BMPs.

Practical significance

At present, policies on BMPs are most liberal in USA, followed by Japan, with EPO being most restrictive. The current problems of BMPs that USPTO are going through are just growing pains which will be overcome finally as before. The right thing to do is not just saying no to BMPs but how to deal with them better and better.

Journal Article.  9085 words. 

Subjects: Arbitration ; Intellectual Property Law

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