Business Methods Patents: Still Searching for a Simple Test

Ever since the 1998 decision of the Federal Circuit in State Street Bank,1 the question of whether business methods and related software are eligible for patent protection has bedeviled the courts. Although the United States Patent Office has granted thousands of patents in the field since then and the courts have issued numerous decisions on the validity of those patents, clear guidance remains elusive.  Section 101 of the Patent Act provides that a patent may be issued for any "new and us...

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