Patent applications for business methods have come under increased scrutiny in recent years. Such applications must not only be crafted to stand up to the special requirements imposed by the U.S. Patent and Trademark Office and the Courts, but must also be written to withstand future changes in U.S. law. Moreover, foreign countries have varied approaches to business methods, and such foreign laws and practice must be considered when drafting patent applications that may be pursued in foreign countries.
Merchant & Gould’s team of professionals is exceptionally knowledgeable of the intricacies of this ever changing area of the law. Our attorneys can often prepare patent applications that emphasize the physical aspects of the inventions so that the patent applications do not even receive the increased scrutiny that pure business method patents would otherwise receive.
On the other side of the coin, our experience in business methods also enables us to quickly identify the weaknesses in business method patents that are asserted against our clients. We are familiar with the various procedures available through the U.S. Patent and Trademark Office for challenging the validity of business method patents, and techniques for invalidating such patents through the Courts.