Patentability Of Electronic Commerce Business Methods

As the patentability of electronic commerce business methods has become a concern around the world, many developed countries have taken the accomplishment not only in theory but also in practice. The relevant study in our country has not opened out. This note wants to bring out own opinions about the patentability of electronic commerce business methods based on the situation of the study in our country and the theory abroad.This note consists of three parts as follow:Beginning with the concept definition with the electronic commerce business methods and the brief introduction for the actuality of patent protect.There is not the definition accepted with the electronic commerce business method, the same as its connotation. After analyzing the various academic opinions, author thinks:The electronic commerce business method is a kind of method which used in management or dealed with financial information by means of computers and network. It is neither same to traditional business method, nor same to common software. As it innovates in business method's name, and shows itself with software in electronic commerce, we call it "the electronic commerce business method". Then author took the brief introduction for the actuality of the electronic commerce business method's patent protect in USA, Japan and Europe.In part two, the author discussed the patentability of electronic commerce business methods.One invent should pass two doorsills if it want to become a patent. The first demand is "technical character" , the second demand is the patent essential conditions such as practicability, novelty and creativity. The author thought the electronic commerce business method can satisfy these conditions, and indicated own opinion with the practicability, novelty and creativity of the electronic commerce business method.In part three, after discussing the necessity of the patent protect for electronic commerce business methods, the author gave some legal suggestions for it.Firstly, the author analyzed some kinds of patterns for software legal protect. The author thought the patent protect can supply a gap for other legal protect. Secondly, the author analyzed the advantages and the disadvantages of the patent protect for electronic commerce business methods and took a conclusion the advantages are more than the disadvantages. Finally, the author took own viewpoint of the institutional choice today and the legislation in the future for the patent protect of electronic commerce business methods.