Critical Analysis

International Business

Critical Analysis

Owen Fernandes

International Business-MC-573

Johan Winbladh

October-2008

Abstract

The Article in focus here discusses the pros and cons of the patenting of certain “business methods” in the United States. The trend was started in 1998.However, recently after nearly two decades, it compelled the think-tank at Capitol Hill to reconsider and make amendments, because it was seen as more of a problem than a solution. The critical point of this review was: How does one define and later patent a method of doing business? Some of the patents awarded were simple and obvious methods of carrying out business activities with no innovation. It was patents given to just an abstract thought process and methodology and not a new invention of any idea. Major companies which benefited from it are now crying foul. But there is a lot of solidarity from others for fair practices to free trade to make rectify or totally abolish the idea of granting patents to business methods, the latter one though seems to be unrealistic as there is an element of truth in safeguarding genuine business method’s.

Brief History

The United States of America was one of the foremost industrialized nations to benefit from the economies of scale within the domestic market. Big companies during those days like DuPont and AT&T, to name a few, grew in stature and were investing heavily in research and development to lay a strong foundation for the future. During this period also rose a parallel tradition to safeguard interest of companies who had pioneered their business acumen to harness innovation and wanted to take advantage of “first to invent” models and prevent others from stealing their hard earned success. This gave rise to what was called anti-trust and patent protection laws which was later to become a source of legal entanglement and discomfort (Cowhey, 1994).

Bill Gates one of...