Intellectual Property Rights: Open Access

Abstract

Business Method Patents and Indian IT Industry: An Analysis

Bandyopadhyay TK, Anuja Alyappan

Business Method includes activities in a commercial or industrial enterprise relating to transaction of goods or services. Business Method is a process of doing business either in traditional means or virtual means. The various organizations are inventing the new means/tools of conducting business through virtual mode that are software or software based. The patent system has been evolved to protect invention. Now, the question arises regarding business method as invention as well as patent eligible subject matter. Business Method does not qualify as patentable subject matter in various jurisdictions. This paper aims to explore ambit and scope of business method patents. It has been observed through this study that most of the companies located in countries where business methods are per se not allowed ( as shown above in the case of India) are filing their patents in the foreign jurisdiction that may lead to potential revenue loss from patent filing in host countries.