Can an Appendix to an insurance policy be patented as a novel invention? I have filed a PCT application that came back with the search report indicating that every claim considered Novel, Inventive STep, and Industrial Application all marked YES, however, I do not include a machine in this method, so I am concerned that although the invention overcomes a problem for mid-level to larger businesses in by improving the overall insurability of a project, some rules may consider it an abstract idea? Any ideas to overcome the machine test for a business method patent?

  • I'll wait for an actual lawyer to answer (my guess would be no) but it would be good to specify the country you are considering patenting in. – Eric S Apr 27 '19 at 18:31
  • The US and Europe. Also, the invention is actually a structure if that matters – Robin Apr 28 '19 at 3:20
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    Has the patent application or the invention been published? If yes, it's to late now to do anything proactively which could not be done after an actual office action. – DonQuiKong Apr 28 '19 at 9:40
  • It has been published but there have not been any office actions yet – Robin Apr 29 '19 at 3:30
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    Why don't you just link the publication? The answer to your title question (without knowing more) is 100% NO. Data structures are also not patentable as being ineligible subject matter under Section 101. – Chris May 6 '19 at 8:27

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