Suppose that you have an invention disclosure that uses computers and the Internet to carry out transactions that could include financial transactions? When you draft your patent application, is there anything that you can do to avoid having your patent application and resulting issued patent from being interpreted as a covered business method patent? The answer is YES!
Let’s suppose you have an invention disclosure that is related to authenticating a web page and solves problems related to providing a website to customers of financial institutions. The disclosure mentions that a customer computer may employ a modem to occasionally connect to the Internet and any merchant computer and bank computer are interconnected via a network. How do you draft the patent application including the claims such that the patent application and resulting issued patent are not considered a CBM patent?
In the United States, a CBM patent is defined under the American Invents Act (AIA) as
"a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service”. (AIA Section 18(d)(1).)
Read more: http://www.ilnipinsider.com/2017/03/how-to-avoid-having-your-patent-interpreted-as-a-covered-business-method-cbm-patent/
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