The Research On Financial Products Of Patentability

The current generation of financial products is not only a product of the rapid development of the financial industry but also a product of the rapid development of information technology. Information technology is one of the most closely associated fields to the financial industry and the electronic and networking of financial industry is induced directly by the information revolution. For the purpose of service efficiency and information management convenience and data security, by the use of business methods the financial industry invented a wide range of financial products, and these financial products contain unique business methods of financial companies, also includes technical content which is to achieve their business methods of this invention and the creation of investment. Including business methods, however, financial products, because of its contains a huge business opportunities, is often copied by other financial firms at the moment of it is launched, this "free rider" phenomenon has greatly weakened the invention and creation behavior of financial products, and make the investment can't get what they should be returned and is inconsistent with the spirit of fairness and justice of the law.Because business method which does not contain the technical content and the use of the laws of nature, is a kind of intellectual activity rules, they are often excluded from the patent application, which can be confirmed from the principle of business method exception. It is the containing of business method which is in doubt in the patent system, that the problems of Patentability of financial products increasingly become concerns.First, this paper introduces and analyzes the concept of the financial products and business methods, and based on the characteristics of financial products, given the definition of financial products which is about the patentability, and is consistent with their practice. Second, we study the relevant countries'legislation and practice at the patent system in the field of the financial products or business methods. Then from the philosophical aspects of intellectual property, this paper analyzed the financial products legitimacy of legal protection in the system of patent. Third, based on the analysis in the above, this paper conducted a study on the novelty, inventiveness and usefulness of the patentability of financial products in the traditional patent examination. Finally, through the relationship between technical factors and business methods factors in the financial products, we developed financial products invented Standards, the principles of patent examination and the patent examination procedures, so that the special nature of such patent examination is well resolved.