미국 연방대법원의 BILSKI 사건을 중심으로 본 비즈니스 모델의 특허적격성

Patent applicants(Bilski etc.) challenged denial of patent application for method of hedging risk in field of commodities trading in the energy market based on lack of patent-eligible subject matter. The Patent and Trademark Office, Board of Patent Appeals and Interference suspended rejection of all claims in application. Applicants appealed. The United States Court of Appeals for Federal Circuit affirmed the conclusion, relinquishing the ‘useful, concrete and tangible test’ which adapted in the case of State Street Bank 1998 and trying to establish machine-or-transformation test. Supreme Court affirmed the conclusion but expressed that machine-or-transformation test is not the sole test for determining the patent eligibility of a process. This study is on the problem that Business Method on Internet is patentable or not. This study is on the patentability of computer software and business method. To be subject of patent it should be invention, and invention should use law of nature. But neither software nor business method are not using law of nature. So both of them are not patentable and Business Model is not patentable.