Business Method Patents in Europe and their Strategic Use – Evidence from Franking Device Manufacturers

Stefan Wagner

Law and Economics from University Library of Munich, Germany

Abstract: There has been a wide-spread misconception based on the imprecise wording of Art. 52 of the European Patent Convention (EPC) that the protection of business methods by patents is prohibited in Europe. This paper investigates the legal framework set by patent laws with respect to the patentability of business methods, contrasting the situation in Europe and the situation in the US. It is shown that in praxi business methods have never been excluded from patentability in Europe. Further, 1,901 European patent applications relating to business methods are found by identifying European equivalents to granted USPTO patents filed in US Class 705 (i.e. business method patents). The computation of major patent indicators reveals that European applications for business method patents differ from the average of all EPO patent applications with respect to the number of claims, the number of references made and the frequency of legal actions against granted patents. Additionally, a case study from the franking device industry gives evidence of the strategic use of business method patents leading to comparably high opposition rates against 44% of all granted patents.

JEL-codes: K (search for similar items in EconPapers)
Pages: 48 pages
Date: 2004-10-18
New Economics Papers: this item is included in nep-ino and nep-law
Note: Type of Document - pdf; pages: 48
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (5)

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Related works:
Journal Article: BUSINESS METHOD PATENTS IN EUROPE AND THEIR STRATEGIC USE—EVIDENCE FROM FRANKING DEVICE MANUFACTURERS (2008)
Working Paper: Business Method Patents in Europe and their Strategic Use - Evidence from Franking Device Manufacturers (2006)
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Persistent link: https://EconPapers.repec.org/RePEc:wpa:wuwple:0410003

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