Do Business Method Patents Hurt or Help?

Do Business Method Patents Hurt or Help? A Financial Industry Perspective, 14 VA. J.L. & TECH. 147 (2009).

Originally Published in the Fall 2009 issue of the University of Virginia Law School’s Virginia Journal of Law & Technology. Authors: Cameron H. Tousi and Ralph P. Albrecht. (Please note that substantial changes to the law on-point have occurred since this article was originally published.)


The State Street Bank decision of 1998 affirmed U.S. business method patents. Along with the subsequent downpour of patent filings came a shower of commentary from the legal and business communities alike. The literature has generally been thoughtful and well-reasoned, or at least well-meaning. But as practitioners in the fields, we have found the commentary at times too focused on the trees of discord rather than the forest of potential. Having passed the decade anniversary, we take a closer and deeper look at the provocative subject–attempting to present a balanced view of the subject removed from the generically overbroad criticisms as well as the unbridled enthusiasms, supplemented by experience in the field. Read the Full Article