Review on the Patentability of Business Methods in E-commerce

摘要

In the long history of monopolies, business method can not be patented under the "Idea Prohibition Doctrines". However, business method patents have been a novel and recent edition in practice since the State Street decision in the United States Federal Circuit Court of Appeals in 1998. While, in recent years, several reviews have questioned the appropriateness of patenting business methods. This paper reviews the arguments both criticising and defending business method patents and analyses the underlying reasons for the controversy.