Perspective
Nov. 25, 2009
Business Methods: Patentable Or Not?
Jeremiah Ho of Whittier Law School examines In re Bilski and whether business methods are patentable as a process.
By Jeremiah Ho
In April 1997, Bernard Bilski and Rand Warsaw, two entrepreneurers, sought to patent a business method they had developed for hedging risks in commodities trading. Their method required a commodities provider (e.g., of gas, coal, etc.) to sell to its consumers at a rate fixed on historical averages and then to buy and sell the same kind of commodity with other market participants (i.e., traders) at a second fixed rate to balance out the risks of the consume...For only $95 a month (the price of 2 article purchases)
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