Analysis Of The Patentability Of Business Method

The business method is excluded from patent protection, as it is traditionally thought to belong to the rule and way of intellectual activities. With the rapid development of E-commerce, business method patent has attracted more and more attention. Since 1998 when the USA opened the gate to protect business method patent, other countries also began to change their patent policy to meet with swarms of applications for business method patent. However, the changes of the policy in the USA, Japan and Europe can not take place of the discussion within the academia, and also can not substitute as the attitude of China. Starting with the development of business method patent, the paper introduces the changes of policy of business method in other countries, and analyses the tendency of business method patent. On the base of the front words, combining with the actual patent law of our country, it debates on the patentability of business method, and more, puts up the attitude and policy we should adopt, in the hope of offering something helpful to related legislation and practice.