Patenting Patenting

One relatively recent development in the field of intellectual property is the ability to file for what are called business methods patents that do not cover a thing, an invention, or a design (the tradition scope of patents) but a way of doing business.

I think it would be a good strategy for companies with lots of over-broad — and in in-all-likelihood bogus — patents to file a business method patent on the act of filing over-broad and bogus patents to use as strategic leverage or tools for litigation. Better yet, they might patent the method of filing to have someone else’s’ patents reexamined and tossed out.

Of course, there’s plenty of prior art but the USPTO doesn’t seem to be too bothered by details like that anymore.

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