A case handled by Supreme Court justices articulated uncertainty about giving protection to abstract business innovations.

The parties to the case were Bilski and Warsaw vs. Kappos, and revolved around a business-method patent that had been refused to Bernard Bilski and Rand Warsaw, who in 1997 applied for a process that could assist factories etc. have more predictable energy bills.

The justices pelted J. Michael Jakes, a lawyer for Bilski and Warsaw, with imaginary patents that they clearly found absurd. Justice Antonin Scalia recommended that under Jakes' argument, a patent for "somebody who writes a book on how to win friends and influence people" might be allowed, while court's newest member Sonia Sotomayor suggested one for "method of speed dating."

Jakes indicated that some of the examples were possibly patentable, though other considerations would be brought to bear by examiners.

Initially tangible things like new machines, chemical compounds were under patent. Over time, the rules have broadened to include increasingly abstract inventions like "business methods".

The case has drawn intense interest and was popular among different parties including Microsoft, Google and the American Civil Liberties Union.

Source: SF Gate.com