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Author Topic: Does a US Business Method Patent apply in the UK?  (Read 1281 times)

nocturnus

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Does a US Business Method Patent apply in the UK?
« on: 10-28-08 at 10:52 am »

...basically, could I be sued? I'm curious and any information would be greatly appreciated.

Thank you.
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JimIvey

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Re: Does a US Business Method Patent apply in the UK?
« Reply #1 on: 10-28-08 at 03:24 pm »

Given that US patent law has no such category as "business method patent" and that I have yet to hear a manageable definition as to what a "business method patent" might be, I'm not sure how to answer that.

However, one thing is clear, no US patents are enforceable in the UK.  If the same applicant has filed for protection in the UK, either directly or through the EPO, you may have something to worry about some day.

Can you be sued?  Generally, anyone can always be sued for something. 

For what it's worth, if the US patent owner has applied in UK or EPO, they declined to follow the US's lead in not changing patent law to create a new category of excluded subject matter.  Instead, they ostensibly declined to expand eligible subject matter for patents by not leaving the law as is but rather creating the very same new category of excluded subject matter.

In short, if the patent you're concerned about really is some sort of "business method" (assuming someone somewhere understands what that means), you're probably somewhat safer in the UK than you would be in the US.  On the other hand, if you were interested in starting a business based on technology that might be considered a "business method" and hoping to attract venture capital, you'd be much better off in the US than in the UK.

Regards.
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Isaac

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Re: Does a US Business Method Patent apply in the UK?
« Reply #2 on: 10-28-08 at 05:03 pm »

Given that US patent law has no such category as "business method patent" and that I have yet to hear a manageable definition as to what a "business method patent" might be, I'm not sure how to answer that.

Maybe by the end of the month the term "business method patent" will mean, "that no longer patentable subject matter the federal circuit refers to in In re Bilski."
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Isaac
 



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