Affärsmetoder, ett undantag ifrån patenterbarhet? -En komparativ studie av USA, Europa och Sverige
LawIntellectual propertyPatentBusiness methodComputer programState StreetTechnical characterRÄTTSVETENSKAP/JURIDIK
There is no commonly accepted definition of a business method. It ought to consist of a method or a process of doing business. Business methods constitutes a broad category of patents, it is hard to tell exactly what can be interpreted in to the term. Most of the world's legal systems have made an exception from patentability for business methods. In the USA the exception was abolished in a case 1998. Business methods were to be examined on the same criteria as other patent categories. Methods and processes, that traditionally has not been excepted from patentability, like methods for investing capital in financial markets, can now be issued patents in the USA. The business method patents could bring substantial economic values to the patent holder, and have a great impact on the development of internet-related businesses. Sweden and the European Patent Organization (EPO), which in this paper represents Europe, also has exceptions from patentability for business methods, but they have not yet been examined in a court of law. There are signs that the EPO, which includes Sweden, has taken a path similar to that of the USA.