Intellectual property remains one of the most hotly contested areas in law and politics right now: with everything from the cost of patented drugs in third world countries to the illicit downloading of television shows under contention. What is important to recall throughout all of this is the reason for which the patent system exists: to encourage (a) innovation and (b) the disclosure of how new inventions work by offering a time-limited monopoly to the inventor. On the basis of this fundamental purpose, it seems fair to say that ‘business model’ patents should be eliminated.
A famous example is Amazon.com’s dubious patent on ‘one click shopping.’ To begin with, the idea probably fails the obviousness test. Something immediately obvious to almost anyone well-studied in the field is not supposed to be patentable. More crucially, the Amazon patent doesn’t represent genuine innovation, and it serves no public purpose to have the details explained in a patent. As such, society as a whole only suffers when such legal rights are granted.
A more recent case also illustrates the point. A couple in Utah is suing Starbucks and Apple for patent infringement. Starbucks is giving away gift cards that can be used to download particular music tracks from the iTunes music store. The couple claims that they have a patent on this idea. Can anybody legitimately claim that society would be better off if everybody who gave away such gifts cards had to pay licensing fees to the couple? You can argue that the premiums people pay for patented drugs are essential to ensuring that pharmaceutical firms have sufficient funds for further research; no comparable argument can be made for business model patents. Such patents are useless and parasitic and, as such, should be done away with.