As technology evolves, so does the area of patent eligibility for business methods; the underlying basis for protection is established by statute and has been recognized and upheld by the courts. Barnes & Thornburg attorneys have been drafting, prosecuting and asserting such patents for years, working closely with clients to align business method patents with client objectives.
Business method patents can be particularly useful when an innovative business concept provides a technical benefit that was not available based on well-known business practices at the time. Our attorneys counsel clients on strategy for developing such patents, with a focus on when innovations provide improvements in computational efficiency, innovations in particular technical fields, transformation of the state of an article, or are tied to particular hardware implementations. In such situations, business method patents may be an effective tool for blocking competitors and establishing and documenting research and development processes, products and business models.