E-commerce patents and shifting balances in patent law

The rules with respect to the patentability of software and business method inventions have loosened over the last decade to allow a broader range of patentability. Many patents issuing today are in the e-commerce area, and t here is often a close relationship between what is being patented and gener ation of wealth. Critics of the surge of e-commerce patents argue these pat ents may stifle development of e-commerce. The level of concern of critics may be unwarranted since the broader range of patentability that has occurr ed has been balanced somewhat against a narrower scope of protection occurr ing during the same time period as a result of more restrictive claim inter pretation during enforcement of patents. This more restrictive claim interp retation has created an onus on patent owners to effectively draft and pros ecute patents to obtain protection commensurate with the scope of the inven tions.