Patents for business ideas, as opposed to physical inventions,
are controversial. They have been around in the US since 1998 when
the Court of Appeals for the Federal Circuit decided that a
business method is not an "abstract idea" but an idea that leads to
the transformation of intangible or tangible material, with a
practical and useful result – a result that is patentable.
European patent offices, including the UK Patent Office, tend to
reject such applications. A "technical contribution" or "technical
aspect" is required before patentability can be considered.
Notwithstanding, applications are flooding in. So in an effort
to deal with them in an efficient and cost effective manner, the UK
Patent Office has decided to make two changes in cases where the
examiner thinks that the invention is "inherently
unpatentable."
Firstly, says the Patent Office, a hearing will be set as soon
as the applicant has responded to the initial examination report
issued by the Office. At this hearing the Hearing Officer will make
a ruling on the patentability of the invention.
Secondly, the Hearing Officer will no longer be required to
issue detailed reasons for his ruling but can issue an abbreviated
decision, referring back to similar cases.
