“ Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title”……..Section 101,Title 35.
can be defined as an utility patent which involves “ a method of doing or conducting business”;
1) manufacturing: producing the goods or services;
(2) selling: marketing and distributing the goods or services;
(3) accounting: keeping records about the goods or services;
The Business Method Patent Improvement Act, 2000
Section 2 of the Act defined the term ‘business method’ as
(1) a method of administering, managing, or otherwise operating an enterprise or organization, including a technique used in doing or conducting business; or (B) processing financial data ;” and as
(2) any technique used in athletics, instruction, or personal skills ; and as
(3) any computer-assisted implementation of a method described in (1) or technique described in (2 ).
an “ online reverse auctioning service ” for items such as airline tickets, automobiles, hotel rooms, mortgages, etc., as patented by Priceline.com ;
a “ process for selling content (including downloadable books and film) directly to consumers at remote locations without having to stock warehouses full of products at those locations ”, assigned to E-Data Corp ;
a “ method for administering mutual funds ” assigned to Signature Financial Group, Inc
Study Contract recommended that lowering patentability threshold might result in issuance of bad patents. Thus , technical contribution by the BMP was said to be a requisite.
The Consultation Paper suggested harmonization of EU and US laws, but stated requirements of being “ susceptible of industrial application ”, which can be satisfied only if it makes any “ technical contribution ”.