“Convergence of International Patent Laws: The Case of Business Method Patents,” by Michael Kolarik, Journal of Undergraduate Research, University of Florida, May/June 2006.
Introduction:
This article analyzes the recent developments and current international state regarding the legal recognition of business method patents. International patent law has become extremely important due to, among other things, the globalization of business. A simple business method can now have a profound affect internationally if it is applied and distributed through the Internet. There is a need for general agreement among international patent laws to ensure businesses with the certainty of uniform enforceability.
This article will briefly review the history of the patentability of business methods and concentrate on recent developments to determine the current state of international patent law in this area. Part II will review the first recognition of business method patents by the United States (U.S.) in 1998 and its immediate repercussions internationally. Part III will review subsequent developments in the patent laws of the world’s three major patent law regimes–U.S., European Union (EU), and Japan–to determine the current state of patentability of business methods. It will compare the state of patentability in the three major international patent offices and identify potential conflicts and problems. Part IV will provide some insight into the likely enforceability of business method patents internationally. The article concludes that: (1) that despite appearances of divergence in the expressed laws and policies as stated by the United States Patent and Trademark Office (USPTO), European Patent Office (EPO), and the Japanese Patent Offices (JPO), the patentability and enforcement of business methods is quite similar among the offices and (2) that despite a recent decision (Lundgren) otherwise, the trend has been in the greater convergence of the standards of patentability among the three patent law systems.
