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Are business methods as such patentable?a) Yes, they can be patented in the U.S. and in Europe (under the European Patent conven-tion).b) Yes, they can be patented in the U.S., as long as the method was developed after 2000(Internet-related business methods). In Europe, business methods as such cannot bepatented.c) Yes, in the U.S., some business methods may receive patent protection. In Europe, busi-ness methods as such cannot be patented.d) No, they cannot be patented, neither in the U.S. nor in Europe.

Question

Are business methods as such patentable?a) Yes, they can be patented in the U.S. and in Europe (under the European Patent conven-tion).b) Yes, they can be patented in the U.S., as long as the method was developed after 2000(Internet-related business methods). In Europe, business methods as such cannot bepatented.c) Yes, in the U.S., some business methods may receive patent protection. In Europe, busi-ness methods as such cannot be patented.d) No, they cannot be patented, neither in the U.S. nor in Europe.

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Solution

The correct answer is c) Yes, in the U.S., some business methods may receive patent protection. In Europe, business methods as such cannot be patented.

In the United States, business methods can be patented if they meet certain criteria. The method must be new, useful, and non-obvious. It also must be a process, machine, manufacture, or composition of matter.

In Europe, under the European Patent Convention, business methods as such are not patentable. However, if the business method has a technical character, it may be patentable. This means that the method must have a technical effect, solve a technical problem, or be implemented by technical means.

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