A decade ago, the Web-based business methods that companies raced to patent eventually forced the patent office to create new rules for examining such inventions. But they remain controversial: New regulations that took effect in September now permit companies and people accused of infringement to challenge the validity of some patents without going to court. The regulations are narrow, affecting only patents for automated financial services. Still, challengers can request that the patent office take another look, hoping to have the .

Today, many of the most interesting patents are not so much about business methods but about using technology to get ever-closer to the customer. Manipulating customer behavior is one popular goal of recently patented IT inventions, made possible by the union of mobile, social and analytics technologies. Often the manipulation is couched as a consumer benefit, but corporate profit is always kept in mind.

For example, in 2010 Bank of America submitted a patent application aptly named "Consumer Behavior Modification Tool." In one version of the technology, a consumer who wants to curb spending or increase savings would be assessed a fee when he buys something frivolous, such as fancy coffee or clothes. What constitutes unnecessary spending would be determined by the consumer in advance. As the bank says in its application: "Consumers can rationalize that they can afford to treat themselves...Unfortunately, these costs can have a grave effect on [their] financial health."

Humana, meanwhile, thinks will induce customers to change unhealthy habits. Making an online game of eating better, exercising more and choosing other healthy actions will keep them coming back, LeClaire says. "Gamification can be a valuable differentiator."