While fundamental reform may not be in the picture, the Senate has a chance to reintroduce language — for example, expanding the Covered
Business Method provision — that would allow individuals and companies to trim down seriously vague patents after they have been issued.
Not exact matches
As a result of the
provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents,
business practices, object code, source code, management styles, day - to - day
business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures,
methods and applications, or other aspects of our
business («Information»).
One may not petition for Covered
Business Review within nine months following the issuance of a patent subject to first - inventor - to - file
provisions; in situations involving first - to - invent patents, Covered
Business Method review may be sought within the first nine months.
In light of its history and purpose, I think it obvious that the 1999 Congress would never have enacted § 273 if it had foreseen that this Court would rely on the
provision as a basis for concluding that
business methods are patentable.
An earlier version of the bill contained a
provision that would let companies challenge suspicious «
business method» patents — many of which cover basic software practices — at the U.S. Patent and Trademark Office, but a powerful lobby of old - guard firms (notably Microsoft (s msft) and IBM (s ibm)-RRB- lobbied to crush that part of the law.
The new legislation makes the covered
business method patent
provision permanent and also expands its language beyond simply financial products or services, applying it essentially to all
business method patents — and, thus, to all software patents.
Known as the transitional program for covered
business method patents, or Section 18, this
provision allows anyone threatened with infringement suits over certain types of patents to petition the PTO to review the patent's grant and scope.
For example, both bills include a
provision that would allow banks and other financial institutions to more easily challenge
business method patents when those patents are asserted against them in litigation.