Research On Business Method Patent

Whether the business method can be patentable is not clear in legislation.Although there are a lot of business method patents in practice,the examination system of commercial methods is same as other traditional patents,no additional provisions. Because the commercial methods have their own new features,the traditional method of examination is too rigorous to them, and most of the applications can not be authorised for belonging to abstract methods.others fortunately got the qualification to enter patent area,but the strict examination made them hard to be authorized in the end. Throughout the world, especially in the traditional industry countries, the commercial methods are patentable,and became more and more important in patent area. At this situation,what is our attitude to business method patent,whether is necessary to build our own commercial method patent system, we have to consider these questions if we want to build the system.In this paper,I analysed the development of commercial method patent,and comparative studied the system of commercial method patent in the United States, Japan and Europe,then summarize the theory and practice of the countries and regions for business method.show their changes,then analyse the advantages and disadvantages of their system.At last,discussed the existing legal provisions and institutional buildings involved in commercial method patent,making suggestions to the building of commercial method patent system to our country.This paper includes five chapters.Chapter 1 introduce the concept of the commercial method and commercial method patent,to reveal the characteristics of the commercial patent.Chapter 2 by anlyse the background and theoretic biasis of commercial method patent in American legal practice,to have a basic knowledge of the condition to be patentable.Chapter 3 have a dedicated study in patentability which is novelty,creativity,utility.Chapter 4 focus on the commercial method patent system in America,Japan and Europ,to analyse the society background that it founded.Chapter 5 to study the data of application and authorization in our country,to understand the advantages and disavantages in our patent system,and give some advices for system construction to commercial method patent.