Research On The Patent Protection Of The Electronic Business Method

With the development of technology on computer network and telecommunications, which is characterized by internet, the society is influenced extensively and profoundly by it. The application of technology on computer network and telecommunications to commercial field facilitates the emergence of electronic business, which is a significant evolution. Therefore, E-business method, the subject of the thesis, is the method of carrying out business with the technology on computer network and telecommunications. The development of the electronic business combined the traditional business method and the computer networks, and then produced some synthetic new problems. The business method patent is one of them in the electronic business.At the information society, the politics, economic benefits fight to have already been changed direction the technique by the capital, the international competition expresses to a large extent to science and technology level and research. The business method is brace of electronic business in the future, but the virtual space is region to downplay that make these patents monopolies greatly. Open the business method patent says for the big country of patent that is absolutely benefits gainer.From the 1960s', the controversy surrounding patented protection of computer software and business method had been given rise in the world, especially in USA, Japan and Europe. But before the problems introduced by computer software and business method being solved completely, the internet had combined these two controversial technologies to form the E-commerce, which made the patent protection more complicated. During the beginning of nineties, the patent applications related business method had emerged in USA, Japan and Europe which are the developed countries in internet technologies. The policies to the protection of business method in these three countries have changed from negativity to positively after the long-term ordeal,then the patentability of the business method is lucid gradually. Now, the creativity determining criteria of business method tends to be unified since the patentability being acknowledged by USA, Japan and Europe.In our country, electronic business also develop rapidly, some multinational companies also apply the business method patent toward our country in succession. In October, 2004, the SIPO of China issued"Examination guideline for E-business method related patent application", and prescribed the examination standard for patentability of E-business method related patent application. How to establish and prefect the E-business patent protection system of our country is an important problem faced by the academia and legislator. As a developing country, How to face oneself position, certain own position, is a problem that needs to resolve urgently.According to the above consideration,This text found beginning from the development background and legal theories of business method patent. Then, comparison American Europe nation and Japan in the business method patent protection law. Draw lessons from the related experience,put forward some shallow view to the protective and related law laws of the perfect business method patent. Thus, with the center of patent requirements of E-business method, the thesis includes three parts, including introduction, text and conclusion. In the introduction, the thesis accounts for the purpose and background of writing briefly. The part of background consists of the summarization of previous studies on E-business method patent, and the writing method and principle composition of the thesis. Thus, this part aims to expound the train of study.The text consists four parts. The first part states the history and status of the business method patent protection in USA, Japan and Europe, and analyzes theories foundation of business method patent.In the second part, make an analysis of the contents of the copyright protection model and commercial secret protection model, and discuss the shortcomings and limitations of copyright model and commercial secret model. Emphasize the necessity the patent protection to the business method. From the development trend of the international community, the patent protection is also a kind of inevitable choice. In addition, our country carries on the patent protection to the business method, not only because the business method patent contains huge business value, the most important is that necessary to establish standard economy independent technique of our country in knowledge economy ages.In the third part, the thesis studies the substantial requirements of patent of E-business method. The various particularities of E-business method challenged the substantial requirements, that is, utility, novelty and non-obviousness, of the traditional patent system. For this reason, the developed countries, such as the United States, Japan and Europe, all revised their patent laws and adopted some special standards to examine E-business method. With the contrast and analysis of the different provisions among the above-mentioned countries and the theoretical inquiry of the patent system, the thesis induces the substantial requirements of patent for E-business method. First of all, the utility standard is too strict with the provision of active effect on the aspects of economy, technology and society. In fact, an abstract demand of utility is sufficient. Secondly, the examination on novelty should adopt an absolute novelty standard instead of a mixed one. At last, the judgment of non-obviousness should be made after the inspection on the whole program of the E-business method invention. What'more, it should be explicit that the technical personnel in the field of the invention must understand the relevant knowledge of both the technology on computer network and telecommunications and business.In the fourth part, the thesis deliberates the set of the patent requirements of E-business method from the aspect of the entire patent system. The thesis observes the strategic significance of patent system on the progress of science and technology and the advance of industry of a country. Then the thesis sets forth that the specific patent acquirements for E-business method should be set properly instead of being too strict or too loose after the overall considerations of the patent system as a whole. At last, the thesis holds that some proper amendments of the patent requirements should be made according to the peculiarity of E-business method and that some corresponding measures should be perfected in our country.In the conclusion, the thesis reviews the full text briefly and summarizes the principle point of view.In the preparation, conceive outline and write process, the research result of the elder generation inspires very greatly for me. The writer did following innovation, the research way, the research angle and standpoint. Nevertheless, the author is aware that there is still a lot of room for improvement and she is open to advice and suggestions of experts and scholars.