As dot-coms become dot-compost, IP may be their last remaining asset. While trademarks of a failed business generally have little value, and copyright law still offers little protection for software, patent rights are more likely to hold their value.

Furthermore, as “bricks & clicks” businesses figure out new ways to use the Internet to sell their conventional products and services, they will work to protect their IP in ways that it can be licensed to others in different markets. For e-commerce, this requires going beyond the traditional rules for creating strong patents.