IP WatchDog Articles

IP Watchdog is the leading intellectual property law blog on the internet. Providing insight into the business, policy, and substance of patents and other forms of intellectual property. The blog features interviews with thought leaders and industry news makers.

If You Want to Protect Your Business Method, Reframe It as a Technical Invention

Mark Nowotarski discusses how the most effective way to protect an inventive business method is with a patent on a technical invention.

The most effective way to protect an inventive business method is with a patent on a technical invention. Ever since the U.S. Supreme Court’s 2014 Alice decision, the U.S. courts and the U.S. Patent and Trademark Office (USPTO) have consistently held that you can’t patent a business method by itself.

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Forging Ahead After Losing an Alice Appeal

Mark Nowotarski offers a cautious ray of hope for business method applications.

It’s tough to fight on after losing an Alice appeal, but that’s just what most applicants are doing. An “Alice appeal” is an appeal of a patent rejection under 35 U.S.C. 101 for lack of statutory subject matter. The major field of these patents is business methods (class 705). More than half of business method applicants that are losing Alice appeals are taking action to keep their applications alive. The reasons for renewed hopes include the new 2019 Subject Matter Eligibility Guidance that came out in January, as well as the current movement in Congress to clarify 35 U.S.C. 101. With hope on the horizon, now is not the time to give up.

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