USPTO Issues Final Rules: Definitions for the Transitional Program for Covered Business Method Patents

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The U.S. Patent and Trademark Office (USPTO) issued final rules, effective September 16, 2012, that implement provisions of the Leahy-Smith America Invents Act (AIA) related to definitions for the transitional program for covered business method patents. See 77 Fed. Reg. 48734 (2012). The rules set forth definitions for a covered business method patent and a technological invention.

For a “covered business method patent,” the USPTO adopted the language from the AIA. In particular, under Rule 42.301, a “covered business method patent” is “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, except that the term does not include patents for technological inventions.” According to the USPTO, the phrase “financial product or service” should be interpreted broadly. Further, a patent having one or more claims directed to a covered business method is considered a covered business method patent.

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Published In: Administrative Agency Updates, Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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