Research On The Patent Protection And Application Of Business Method Innovation Of Banking Industy

Business method patents is one of controversial problems in the field of intellectual property.The business method patents experience a transformation from unpatentable to patentable, and the key in the changing course is the innovation about the business method.This paper studies the business method patents from the innovation of business method and makes a empirical analysis combining with the banking industry.First, this paper discusses the development of business method patents from the development of world trade and the information revolution progress; defines the business methods, business methods innovation, and other related to the banking business methods; discusses theoretical basis of the business methods patents from the Industrial Economics theory,System Economics theory, technology innovation theory and the finance innovation theory;researches the status quo of the banking business method patents from the patent system theory and the studies of the banking business method patents from domestic and overseas.This paper analyses the content and technology of the banking business method innovation, and sums up the IT-developing background of the banking business method innovation. Then expatiate the motivation of the banking business method innovation from the three aspects such as non-mediatation of finance marker, competitive pressure among the commercial banks and the IT industry's inbreak to the banking business. And the paper gives the two demonstration analyse about the changing of the currency form and the banks, the impact of the business innovation to the management is also investigated.Secondly, This paper studies the evolvement of the banking business method patent system and the economic sense of the business method patents based on the research on the performance of the patent system to the innovation protect. The paper makes a detailed and comprehensive study on evolution course of the business method patents in the USPTO, EPO and JPO from the perspective of cases and legislative. What could be found from the study on the cases related to the business method in USPTO,after the two case of SSB and AT & T since the late 1990s, both the business method and the software could be patentable as long as it can produce "useful, concrete and tangible result";Comparing to the United States and Japan, the inventions in the EPO must include technical features. Comparing to the judicial practice in the United States and Europe,the Japanese have not happened any case about the business method patents.Instead, the guidelines for the computer-related patents provides the patentable standard, besides, the judicial practice of software patent in Japan depends on the guidelines. All the guidelines have been changed with the technology development of computer hardware and software, and so,in the research of the business method patents in Japan, this paper would focus on its guidelines amend the evolving course and the main amending contend.This paper also outlines the legislation about the business method patents in China, and finds that "technical" is the core to the patentable judgment, the inventions must include many aspects such as"in a technical field"and"a person in the technical field", "using technical means","solving technical problems", "have a technical effect"and"with technical characteristics".Thirdly, as the empirical research, this paper searches the business method patents in banking industry in USPTO, JPO, EPO and SIPO; and make a depth study on the search result basing on the analysis of patent information and the patent maps; and make some conclusion of that, the patent protection awareness of the overall banking in china have increased to some extend; the patent management of the domestic bank have improved than before;the patent structure of the domestic bank have the advantage only on the amount, and lack the assurance of quality; the ability and the speed of the banking innovation in China needs to be further enhance; the overseas banks have more core patent in the field of business method technology; the banks from United States, Britain, Japan, South Korea would pose threat in the field of business method patent technology.Finally, This paper studies the countermeasures of the business method innovation and the patent management of the domestic banking based on the analyse from both the macro-policy and the industry developing condition. This paper exposes the micro-strategy of the business method innovation to the domestic banks from the three aspects of mechanisms, service products and the intermediate business; researches the strategy for the technology management, technology development and the business innovation of the domestic banks; make a detail research on the patent management strategy for the domestic banks from the five aspects, such as strengthening the business method innovation and the patent protection awareness of domestic banks; improving the patent management level and carrying out the patent development strategy; using the patent documents effectively; establishing corresponding organizations and so on.