Research On The Patent Protection Of The Business Method

With the development of information technology, developed countries and regions such as U.S.A, EU and Japan are attempting the patent protection of software-related inventions by a series legislation and jurisdiction. Meanwhile, the high progress of internet makes electronic business penetrate each facet of our daily life, and people nowadays begin to pay special attention to the patent protection of business methods in E-business which is combined with computer software and business method. However, when we accept the patentability of business method, the problem urgently to be solved is how to protect it properly. U.S.A.'s patent system of the business method has already out-of-balance , which offered the lessons for our country . As to the things that which business methods have patentability, what kind of standard we should adopt to examine the essential qualification of these business methods? This is exactly the question that we should think deeply now. This thesis compares the legislative similarities and differences in the patent protection of the business method between the United States and Japan , Europe, designs the patent protection systems of business method which are suitable to the national conditions of our country. This thesis differentiates and analyses the "computer program ", " computer software " , " computer program-related inventions " , " traditional business method " and " business method patent " ,etc. then defines the definition and characteristic of the business method patent. While affirms the patentability of the business method fully , this article compares similarities and differences of the patentable subject matter between various countries. This article confirms the importance of technology character in judging the patentable subject matter .At the same time it defines the standard of preliminary technology character . Then the thesis relates the new situation of business method patents floods that appeared since 2000, and analyses the question that happened in patents floods, especially analyses the negative effect to cyber economy. Finally, the article compares the difference of essential examination in United States and Japan , Europe, then puts forward that we should adopt strict essential examination standard . Especially the creativity should lie in technical respect , nor the method itself. The ultimate purpose of this article is to offer some suggestion for China on how to establish patent protection system for the computer software-related business method. Through reviewing the national and international circumstances that we are currently confronting with, analyzing the merit and demerit of the patent protecting business method, discerning the latest amendment of patent law as well as its guideline, the article tries to research the feasibility of protecting business method patent. Moreover, it also gives proposals from many angles.