Ar patentinė apsauga turi būti suteikta verslo metodams?
Should Patent Protection be Extended to Business Methods?

Summary/Abstract: Although there are no legal obstacles for patenting emerging innovation, the advent of business methods has created inconsistencies in the patents systems of the United States, the European countries, Japan and Lithuania. Business methods extend patent protection beyond historical scope and provide unique competitive advantage in the marketplace. The United States allows business method patenting. Europe excludes business methods from a list of patentable subject matter; however, the exclusion is applicable for business methods that do not provide a “technical effect”. Thus the European patent system’s stance is ambiguous. Japan follows a restrictive approach allowing patents for computer program related business methods. Lithuania does not grant patents for business methods and its future practice in this particular field is vague. Patents covering methods of doing business should not be challenged under the “business method exception” since the exception did not intend to exclude all business methods. The grounds for business methods statutory exclusion are arbitrary without clarification of the “business method” and “technology” concepts. Therefore, business methods should be proper subject matter and eligible for patentability if satisfy novelty, inventive step (non-obviousness) and industrial applicability (usefulness) requirements. Progressing technology broadens the scope of patent protection. Patent laws provide incentive to innovate only if they evolve accordingly to the demand for protection. Business method patents provide competitive advantage, incentive to innovate, opportunity to recoup research and development costs, attract investors, afford inventors royalty income, and prevent competitors from unfair business practices. Business method patents are valuable assets especially for small start-up companies because they do not have access to capital markets and they are particularly likely to be the types of companies that would utilize business met

• Details
• Contents