Business Method Patents [Hardcover]

Gregory A. , Esq Stobbs (Author)

Book Description

ISBN-10: 0735521581 | ISBN-13: 978-0735521582 | Publication Date: December 2003

In a landmark decision, the Federal Circuit Court of Appeals in Signature Financial v. State Street Bank held that business methods may be patented. This holding together with the explosive growth of the Internet has turned the business method patent into the "hot" new growth area of intellectual property. Business Method Patents is your guide to the unique opportunities and risks in this emerging area of IP law.

Business Method Patents is your authoritative source for court-tested guidance on:

Mechanics of the patent application

Prior art researching

Drafting claims

Drafting the complete specification

Drawings required for business method patents

Illustrating the business system through drawings

Building a patent portfolio for attracting capital

Enforcing and licensing business method patents

Editorial Reviews

From the Publisher

No other product has been identified that focuses solely on business method patents. Primary audience: Many (but not all) intellectual property attorneys are registered to practice before the US Patent and Trademark Office. Another important potential readership segment are the business development attorneys. Typically practicing in law firms, these attorneys structure venture capital transactions, launch venture capita start-up companies, oversee public stock offerings and handle mergers and acquisitions. This segment needs a basic understanding of the business method patent because it can represent a significant asset of the venture start up company. A third potential readership segment are the in-house corporate attorneys responsible for overseeing day to day corporate legal issues/ These attorneys typically carry a title of general counsel and are often corporate vice presidents/ This target audience is potentially quite broad because the business method patent can be used across a spectrum of industries ranging from banking, to manufacturing, to real estate, to insurance and merchandising. A secondary audience for business method patents are business professionals. Typically these are, themselves, the inventors of new business methods and the promoters of new venture start-up companies. This segment is potentially quite large, particularly in view of the explosive growth in internet start up "dot com" businesses. This audience is also highly motivated and thirsty for information on how they can protect their innovative business methods. This audience wants a basic understanding of business method patents in order to shop for the best attorney to represent them.

The first book of its kind, addressing business method patents specifically. Of particular interest to primary audience: Constitutional and case law foundation supporting the current business method patent – IP attorneys must understand this to assess how far they can "push the envelope" in patenting new business methods; mechanics of how to claim business methods and business systems and models – claims are required of all business method patents. Anyone drafting a business method patent needs to know how to draft the claims; US Patent Office position on business method patentability – attorneys who prosecute business method patents before the USPTO need to know how the Patent Office will react to the application and what to do in response; International patent protection of the business method – most countries have not yet caught up with the United States in allowing patents on business methods. Attorneys with clients having an international focus need to know how their business method patents will be respected throughout the world; Other mechanics! of the application, including how to search for prior art, how to draft the specification, how to best show the business system through drawings – attorneys who are unsure of how to draft a business method patent often struggle with these issues. Exploiting business method patents – provides the framework upon which business attorneys can build a patent portfolio to secure investment capital. Of particular interest to the secondary audience: The Business method patent controversy – gives the business professional an understanding of why the business method patent is considered so controversial and explains why some companies and their attorneys have not yet discovered the business method patent; History of the business method patent – patents are largely a mystery to most people. By learning the history of the business method patent, the business professional acquires intuition on how the patent system works; Exploiting business method patents – gives the business professional an understanding of what to ask for when building a portfolio that will attract investment capital, and also what to look out for when providing investment capital; an analysis of other successful business method patents – shows the business professional what may be possible for his or her business.

From the Inside Flap

Your guide to the unique opportunities and risks in this emerging area of IP law.

Selection/Organization/Treatment: Designed as a how-to handbook, the chapters are organized in three sections. The subject matter is presented in top-down fashion. The first section addresses the widest audience – including both attorneys and business professionals. The second section likewise addresses the broad audience, although it provides more specific information about the state of the law on business method patents today. The third section addresses a more specific audience, namely patent attorneys wishing to learn how to draft and procure business patents.

Ease of Use Features: In addition to the usual table of contents and index, the book employs a collection of graphical lookup charts designed to quickly point the reader to applicable chapters and sections within the book. For example a graphical chart resembling a page layout of a patent application shows the process for obtaining a patent, including annotations that show the reader where to find more information about each step in the process,

· Sample patent claims

· Specifications

· Drawings

· Graphical and timeline charts

See all Editorial Reviews

Product Details

• Hardcover: 785 pages
• Publisher: Aspen Publishers (December 2003)
• Language: English
• ISBN-10: 0735521581
• ISBN-13: 978-0735521582
• Product Dimensions: 10.2 x 7.2 x 1.7 inches
• Shipping Weight: 3.6 pounds (View shipping rates and policies)
• Amazon Best Sellers Rank: #2,602,289 in Books (See Top 100 in Books)

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