While not formally defined, “methods of doing business” were excluded from patentability by judicial rule prior to the 1998 State Street decision. Business method patents have been subject to extensive criticism and have been subject to special scrutiny by the USPTO (through a so-called “second pair of eyes” review) and now under a transitional review procedure established by the AIA. Business methods remain unpatentable in most of the world on the grounds that they are not technology.
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