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Footnotes for USPTO White Paper on Automated Business Methods Patents

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FOOTNOTE 1
"Computerized Commerce"; Ivan E. Sutherland; September 1975. Acceptance address for the 1975 Award for Outstanding Accomplishment of the Systems, Man, Cybernetics Society, San Francisco, California, September 23, 1975.

FOOTNOTE 2
Kenneth W. Dobyns, The Patent Office Pony: A History of the Early Patent Office, Sergeant Kirkland's Museum and Historical Society (1994).

FOOTNOTE 3
"One of the most important of his inventions was in the engraving of bank bills. [Fifty] years ago counterfeiting was carried on with an audacity and a success which would seem incredible at the present time. The ease with which the clumsy engravings of the bank bills of the day were imitated, was a temptation to every knave who could scratch copper; and counterfeits flooded the country, to the serious detriment of trade. Perkins invented the stereotype check-plate, which no art of counterfeiting could match; and a security was thus given to bank paper which it had never known."; The Patent Office, Report of the Commissioner of Patents for the Year 1849, Part I. Arts and Manufactures (1850).

FOOTNOTE 4
Edmund Burke Commissioner of Patents, List of Patents for Inventions and Designs, Issued by the United States from 1790 to 1847 (1847).

FOOTNOTE 5
http://www.invent.org/book/book-text/57.html and http://www.computer-museum.org/collections/hollerith.html

FOOTNOTE 6
Business Method Patents, i.e. automated financial/management business data processing method patents, were patented long before the USPTO's " Examination Guidelines for Computer-Related Inventions ," 1184 Off. Gaz. Pat. Office 87 (March 26, 1996) and the decision in State Street Bank & Trust v. Signature Financial Group, Inc., 149 F.3d 1368, 47 USPQ2d 1596 (Fed. Cir. 1998), cert. Denied, __U.S.__, 119 S. Ct. 851 (1999).

State Street merely modified the test used to determine "statutory subject matter." It is important to understand that many business data processing methods were deemed statutory subject matter under the old "Business Method Exemption" test. For example, the claims in State Street were deemed by the USPTO to meet the statutory subject matter requirement under the old test.

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