45 Loy. L. A. L. Rev. [i] (2011-2012)

handle is hein.journals/lla45 and id is 1 raw text is: LOYOLA
LAW REVIEW I LOS ANGELES
FALL 2011                  VOLUME 45                    NUMBER 1
TABLE OF CONTENTS
ARTICLES
THE PATENTABILITY OF FINANCIAL METHODS: THE MARKET
PARTICIPANTS' PERSPECTIVES
by Stefania Fusco                      ..................1....................
In the last few years, there has been a renewed interest in the validity of
patenting business methods. The issue appeared to be settled in 1998 with
State Street Bank & Trust Co. v. Signature Financial Group, Inc. However,
in 2008, the Federal Circuit, responding to a more restrictive approach
toward the patent system adopted by the Supreme Court, began questioning
the soundness of the policy to extend patent protection to business methods.
The Federal Circuit's adjustment of its position occurred explicitly in In re
Bilski when the court decided to rehear the case en banc and reconsider the
conclusions previously reached in State Street. The Supreme Court
subsequently granted certiorari on In re Bilski, and its Bilski decision in
June 2010 exacerbated an already heated debate on the patentability of
certain subject matters. Ultimately, this quandary about patentability
revolves around the empirical question of whether the patent system in a
specific sector is doing its job or, more specifically, whether the patent
system is fostering the creation of additional business methods. To answer
this question, I conducted an empirical investigation that involved
structured interviews with market participants about the production and
consumption of financial methods as a subset of business methods. The
data collected in this study reveal that market participants are ambivalent
about the benefits that both the financial market and their companies can

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