Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its "one-click"online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.
Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bil-ski, as the case is known, is "a very big deal," says Dennis D．Crouch of the University of Mis-souri School of law. It "has the potential to eliminate an entire class of patents."
Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment films armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.
The Bilski ease involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should "reconsider" its State Street Bank ruling.
The Federal Circuit's action comes in the wake of a series of recent decisions by the supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for "inventions" that are obvious. The judges on the Federal Circuit are "reacting to the anti-patent trend at the Supreme Court," says Harold C． Wegner, a patent attorney and professor at George Washington University Law School.
Which of the following would be the subject of the text?
- A.A looming threat to business-method patents
- B.Protection for business-method patent holders
- C.A legal case regarding business-method patents
- D.A prevailing trend against business-method patents
正确答案及解析
正确答案
解析
主旨题。本文第一段讲过去十年中无数的商业方法被授予专利。第二段指出现在最高专利法庭准备减少这类专利的授予。第三段回顾过去表明这是法庭态度的重大转变。第五段又回到现在点明法庭的反专利倾向．因此全文主题应是“法庭准备限制商业方法专利”。A项“商业方法专利的潜在威胁”正确。B项“对商业方法专利持有人的保护”与主题无关。C项“有关商业方法专利的一个法律案例”仅是文中举的一个例子，并不能概括主题。D项“反对商业方法专利的流行趋势”较有迷惑性，但是prevailing这个词使得此项不能选，因为商业方法专利仅仅是“受到威胁”，还没有变成“普遍的、盛行的”。
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