On The Patent Protection Of The E-commerce Business Method

Abstraction: As the result of the human intellectual activities, the creation of the E-commerce business method can be involved in the system of patent protection is an open question. It depends on both it is the object of the patent and it meets the requirements of being the object, namely it is in line with the demands of novelty, creativity and utility for being patent ableThe E-commerce business method is the combination of business method and the computer system, the core creative value is the functional technical blue print tomake the patent protection possible. Business method is not the purely rules of the intellectual activities. It makes no difference in people's subject knowledge and the brains diversity as far as the effect is concerned. Business method cannot be excluded in the paten protection, and it shouldn't be treated as the rules and ways of the human intellectual activities.Software is the main carrier of the E-commerce business method and the vital way of the protection of the E-commerce business method. Software is the object of the intellectual property and for it fit the demands of the "works "and the "technique functional". The model of the patent protection on the software becomes the trend after it once being the model of the business secrets and copyright protection.Utility is prior to the novelty and the creativity when it comes to judging the creation of the business method among the standards for deciding the patent. Furthermore, utility is one of the standards of the being the patent object in the business method. As a new patent object, the documents of the E-commerce business method is in its stage of beginning, spreading in many fields, lacking enough experienced juror, and the inspecting criteria is not the same worldwide, and the difficulty in judge the novelty and the creativity, the authorization appears uneven. So the way of right protection becomes more important. Meanwhile, nations in the world are struggling to seek the harmonious criteria for the examination.Began in the United States, followed by Japan and the Europe, the protection for the E-commerce business method is the tide. As the member of the WTO, our nation refuse to shelter the business method is just a makeshift. It is better to wrap it in the patent protection and trying to construct the own independent standard of the E-commerce patent technique, adding the profit fusels to the talent to encourage the creations of our nation. Or, hopefully, making efforts to gain a place in the global E-commerce field of patent.