Software Is Not Necessarily Business Method
Section 101 of the patent statutes (Title 35 of the U.S. Code), broadly outlines the categories of what is patentable subject matter. These include "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." A business method falls into the "process" category, but claims in patents directed to software can be written as a process, machine, or manufacture. However, people commonly confuse software patents with business method patents. These are different things, and although the distinction can be difficult to discern because businesses today rely on software so much, the distinction is likely to become important over time because of the U.S. Supreme Court opinion in Bilski.
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