Research Of Business Method Patent

The world has been influenced extensively and profoundly by information reform marked by computer and internet technology. Under the traditional patent requirements, business method used to be excluded from the patentable subject all over the world. However, if the business method is implemented with the technology of computer network and telecommunications, it is possible that a new kind of patent be included into the scope of patent system. The principle of business method patent will extend the scope of patentable subject, and the related industry of China will be impacted strongly at the same time. We should make a point of researching on the business method patent to protect us in the competition of intellectual property. The thesis is composed based on the ideas above.Began with the State Street Bank & Trust in US, the thesis introduces the history of business method patent, the meanings, types, scope of subject and related concepts. As far as the prerequisite requirement of patent is concerned, the thesis studies the developments in US concerning the patentability of business method, the changes of protecting policies in the developed countries, and the deep reasons of these also will be listed in this part. From the traditional view of intellectual property principles, the thesis discusses the rationality of business method, and lists all the debates in regards to it. The thesis comes to the conclusion that the demand of technical nature should be persisted on, and it will be satisfied with the prerequisite requirements under some circumstances. Combining the software patent, the possibility and skills from ideas to technical nature of business method will also be discussed in the end.The current of business method patent in the world is obvious. Facing the challenge, we should answer it actively to win the development space. Basing upon this, the author studies the substantial requirements of common patents and the applications in business method patent. Compared with the common patent, the requirements are special in some way and China should have reasonable substantial requirements which will be beneficial for us. In order to answer the demands of business method patent, the thesis studies the related legal problem, the troubles will be faced and tactics we should take in the related industries, both in the level of country and enterprises of China.