It may be
possible for you to get a patent on the way you
do business and prevent rivals from stealing your unique
approach.
You can
file for a business method patent, and if
it's granted, you gain the exclusive right to that
business method for the regular patent life span of 20
years.
Business method
patents are the creation of a recent court ruling that
involved a computer program for mutual fund
administration. In this case, the United States Court of
Appeals ruled that methods of doing business can be
patented just like any other type of invention.
(State Street Bank v. Signature Financial Group, U.S.
Court of Appeals for the Federal Circuit)
The State Street ruling,
along with the rise of the Internet and e-commerce, has
resulted in an avalanche in business method patent
filings, particularly for techniques used on the
Web.
These patents cover many of
the most popular and well-known Internet and financial
services technologies. For example, Next Card®, recently
received a patent for the issuance of online credit. The
reverse auction method of Priceline.com is covered by
several patents. A Toronto-based marketing firm applied
for a patent on a method of "viral marketing" that
allows Internet users to become participants in
corporate marketing.
While there has been
grumbling in some quarters about the merits of allowing
this protection, business method patents are here to
stay. They represent the best method of protecting new
and unique methods of doing business — on and off the
Internet. |