Title

Drawing a Line in the Patent Subject Matter Sands: Does Europe Provide A Solution to the Software & Business Method Patent Problem?

Author

Susan J. Marsnik, University of St. Thomas, MinnesotaFollow
Robert Thomas, University of Florida

Department/School

Ethics and Business Law

Date of this version

2011

Document Type

Article

Keywords

Patent, business method, software, European Patent Convention

Abstract

In 2010 the Supreme Court decision in Bilski v. Kappos had the potential to completely rewrite patent subject-matter law for business methods and computer-related inventions. Earlier, the EPO’s Enlarged Board of Appeal delivered a decision on the same subject that had the potential to produce similar changes in Europe. Neither decision provided more than incremental change. Our research explains why patent systems on both sides of the Atlantic are unable or unwilling to produce comprehensive subject matter reform for business methods and software.

Published in

Boston College International & Comparative Law Review

Citation/Other Information

34(2) B.C. Int’l. Comp. L.R. 227 (2011) http://www.bc.edu/content/dam/files/schools/law/lawreviews/journals/bciclr/34_2/iclr_34_2_web.pdf

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1676898