Business Method Patents and U.S. Financial Services

Business Method Patents and U.S. Financial Services
Author: Robert M. Hunt
Publisher:
Total Pages: 0
Release: 2021
Genre:
ISBN:

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A decade after the State Street decision, more than 1,000 business method patents are granted each year. Yet only one in ten is obtained by a financial institution. Most business method patents are also software patents. Have these patents increased innovation in financial services? To address this question we construct new indicators of R&D intensity based on the occupational composition of financial industries. The financial sector appears more research intensive than official statistics would suggest, but less than the private economy taken as a whole. There is considerable variation across industries but little apparent trend. There does not appear to be an obvious effect from business method patents on the sector's research intensity. Looking ahead, three factors suggest the patent system may affect financial services as it has electronics: (1) the sector's heavy reliance on information technology; (2) the importance of standard setting; and (3) the strong network effects exhibited in many areas of finance. Even today litigation is not uncommon; we sketch a number of significant examples affecting financial exchanges and consumer payments. The legal environment is changing quickly. We review a number of important federal court decisions that will affect how business method patents are obtained and enforced. We also review a number of proposals under consideration in the U.S. Congress.

Business Method Patents for U.S. Financial Services

Business Method Patents for U.S. Financial Services
Author: Robert M. Hunt
Publisher:
Total Pages: 28
Release: 2007
Genre: Business method patents, financial innovation, payment systems, financial exchanges, KSR International v. Teleflex, eBay v. MercExchange, in re Seagate
ISBN:

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Nearly a decade after the Federal Circuit decision in State Street, patents on computer-implemented methods of doing business have become commonplace. To date, there is little evidence of any effect on the rate of innovation or R&D among firms in financial services. Indeed, measuring such effects presents difficult problems for researchers. We do know that some of these patents are successfully licensed and others are the subject of ongoing litigation. Looking ahead, a number of recent Supreme Court decisions are likely to have a significant effect on how business method patents are enforced. Congress is also considering significant reforms to U.S. patent law

Patents in the Financial Services Industry

Patents in the Financial Services Industry
Author:
Publisher: Practising Law Institute
Total Pages: 440
Release: 2004-01-01
Genre: Business method patents
ISBN: 9781402405006

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Patents in the Knowledge-Based Economy

Patents in the Knowledge-Based Economy
Author: National Research Council
Publisher: National Academies Press
Total Pages: 352
Release: 2003-08-11
Genre: Political Science
ISBN: 0309167183

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This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Business Method Patents

Business Method Patents
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher:
Total Pages: 82
Release: 2001
Genre: Business & Economics
ISBN:

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E-patent Strategies for Software, E-commerce, the Internet, Telecom Services, Financial Services, and Business Methods (with Case Studies and Forecasts)

E-patent Strategies for Software, E-commerce, the Internet, Telecom Services, Financial Services, and Business Methods (with Case Studies and Forecasts)
Author: Stephen C. Glazier
Publisher: L B I Law & Business Institute
Total Pages: 232
Release: 2000
Genre: Business & Economics
ISBN:

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"Patent, E-Patent, E-Commerce, Internet, Software, Venture Capital, Business Methods, Patent Asset Management, Invent-On-Demand."

Big Banks and Business Method Patents

Big Banks and Business Method Patents
Author: Megan M. La Belle
Publisher:
Total Pages: 65
Release: 2014
Genre:
ISBN:

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The banking industry and the patent system are longstanding American institutions whose histories date back to the founding of this country. Historically, however, the paths of these two institutions rarely crossed. Although financial firms have been increasing their innovative output for decades now, until recently they relied on trade secrecy, first mover advantages, and other business mechanisms to protect and monetize their intellectual property -- not patents.Through a convergence of circumstances over the past several years, that pattern has changed. The shift began when the Federal Circuit decided that business methods -- banks' primary mode of innovation -- are patentable subject matter. That decision triggered an increase in the number of business method patents issued by the PTO, and, correspondingly, a surge in patent infringement litigation targeting big banks. When the banks found little success in court, their powerful lobby persuaded Congress to include a special carve out for financial patents in the America Invents Act -- the comprehensive patent reform legislation enacted in 2011. Meanwhile, as the financial industry sought legislative favor to ward off future infringement suits, many of the big banks built substantial patent portfolios of their own.This Article explores this nascent relationship and considers some potential implications of growing bank involvement in our patent system. It suggests that the intersection of these institutions could yield some benefit, for example by improving the publicly available information regarding financial innovations. Yet, more pointedly, it warns of possible harms, especially if big banks use their political and economic power to disproportionately influence patent reform and innovation policy in the future.

Business and Financial Method Patents, Innovation, and Policy

Business and Financial Method Patents, Innovation, and Policy
Author: Bronwyn H. Hall
Publisher:
Total Pages: 25
Release: 2009
Genre: Finance
ISBN:

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Two court decisions in the 1990s are widely viewed as having opened the door to a flood of business method and financial patents at the US Patent and Trademark Office, and to have also impacted other patent offices around the world. A number of scholars, both legal and economic, have critiqued both the quality of these patents and the decisions themselves. This paper reviews the history of business method and financial patents briefly and then explores what economists know about the relationship between the patent system and innovation, in order to draw some tentative conclusions about their likely impact. It concludes by finding some consensus in the literature about the problems associated with this particular expansion of patentable subject matter, highlighting the remaining areas of disagreement, and reviewing the various policy recommendations.

Intellectual Property in the New Technological Age

Intellectual Property in the New Technological Age
Author: Robert P. Merges
Publisher: Aspen Publishers
Total Pages: 584
Release: 2008
Genre: Law
ISBN:

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The Intellectual Property laws change nearly every year. To keep your course up to date, rely on this comprehensive 2008 Case and Statutory Supplement to provide the latest legislative and international developments in all areas of Intellectual Property. Up-to-date developments in case law, including : changes in patentable subject matter And The law of willfulness new developments in digital copyright updated treatment of trademark use the first cases interpreting the Trademark Dilution Revision Act Updating Patent Law, Trademark Law, and Copyright Law : The Copyright Act The Lanham Act International Agreements Legislative Developments

The Uninvited Guest

The Uninvited Guest
Author: Robert P. Merges
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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The 1998 State Street Bank case opened the door to patents for "business methods." One important category of business method patents covers financial products: securities, derivatives, futures contracts, and the like. This paper describes how State Street Bank emerged, unbidden by the financial services industries, as a byproduct of the long legal wrangle over software patents. It then reviews the traditional innovation process in the financial services industries, and predicts how the affected industries will respond to the advent of patents. The analysis draws on two case studies of other industries forced to adjust to the rapid and unexpected introduction of patents: (1) the railroad industry in the nineteenth century, in which established firms that had eschewed patents were suddenly confronted with numerous patent headaches; and (2) the U.S. software industry in the 1980s and early 1990s, which confronted a similar influx of patents. The paper makes two general observations based on these case studies. First, patents were far less disruptive in the intermediate term than industry members initially feared. And second, savvy firms - including new entrants - learn quickly to make strategic use of patents. Thus whatever positive effects patents may play in the financial services industries are not likely to come in the form of significant increases in financial innovation, but rather in the facilitation of new firm entry (e.g., venture capital-backed startups) and novel firm strategies such as spinoffs.