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The absence of business method patents cannot be explained by 
an absence of entrepreneurial creativity in Great Britain during the century 
before the American Revolution.  On the contrary, 1720 is widely hailed as 
the beginning of a new era in English public finance and the beginning of 
major innovations in business organization.  
 
Malla Pollack, The Multiple Unconstitutionality of Business Method Patents, 28 Rutgers 
Computer & Tech. L.J. 61, 96 (2002) (footnotes omitted).
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  In the hundreds of patents 
in Woodcroft’s exhaustive list of English patents granted from 1612 to 1793, there 
appears to be only a single patent akin to the type of method Bilski seeks to claim.  That 
sole exception was a patent granted to John Knox in 1778 on a “Plan for assurances on 
lives of persons from 10 to 80 years of age.”
17
    Later commentators have viewed this 
single patent as clearly contrary to the Statute of Monopolies:   
Such protection of an idea should be impossible . . . .  It  is  difficult  to 
understand how Knox’s plan for insuring lives could be regarded as ‘a new 
manner of manufacture’; perhaps the Law Officer was in a very good 
humour that day, or perhaps he had forgotten the wording of the statute; 
most likely he was concerned only with the promised ‘very considerable 
Consumption of [Revenue] Stamps’ which, Knox declared, would 
‘contribute to the increase of the Public Revenues.’ 
 
Renn, supra n.16 at 285.  There is no indication that Knox’s patent was ever enforced or 
its validity tested, or that this example led to other patents or efforts to patent similar 
activities.  But the existence of the Knox patent suggests that as of 1793 the potential 
advantage of patenting such activities was well-understood. 
 
In short, the need to accommodate technological change in no way suggests that 
                                            
16
 Similarly, another commentator states: “it might be wondered why none of the 
many ingenious schemes of insurance has ever been protected by patenting it.”  D.F. 
Renn, John Knox’s Plan for Insuring Lives: A Patent of Invention in 1778, 101 J. Inst. 
Actuaries 285 (1974), available at http://www.actuaries.org.uk/__data/assets/ 
pdf_file/
0006/25278/0285-0289.pdf (last visited Oct. 3, 2008). 
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