On The Patentable Subject Matter Standard In Information Age

The word of "Patentable subject matter " is come from patent law of the United States, which refers to the inventions that the patent law grant patent right to. Patentable subject matter standard is the rule that is applied to weight which objects are patentable subject matters. Patentable subject matter is a basic question in patent law, which determines the scope of patentable object and refract the patent policy aim and direction of a country. Meanwhile, it is the first threshold in patent examination. Combined with the patentable substance requirement, they limit the boundary of patentable objects. Its "gatekeeper" function increases the efficiency of patentability examination.Regard to traditional patent legislation and patent examination practice, "technology" is the core standard of patentable subject matter, which is the sure requirment of patent subject matter. Technology can be turned to commodity directly, and its functionality can be increasely improved. These two characters are the internality reasons for that technology become the patentable subject matter. The character of traditional technology is natural force and physical. But with the coming of the information age, and with the developing of information technology, a great deal of intangible inventions show up, which blurs the meaning of technology, and blurs the patentable subject matter standard too.All countries in the world have adjusted and interpreted the patentable subject matter standard in some degree, which for need of the technology developing on one hand, and for their each reality benefit on the other hand. Especially, these adjustings are taken frequently for the new products and new methods in information age, for example, computer relatively inventions. The act of The United states goes too far away. In its patent examination practice, "technology" had replaced by "practical utility". This change has brought the flooding of patent rights, which attracted huge attention of all the countries in the world. The European Union, and Japan behave comparatively cautious. With regard to the patentable subject matter standard, physical technology effect is remain in European Union, and in Japan, the core position of technology is being kept on. However, in order to fit the requirment of the times, every country is trying to find out proper patentable subject matter standard.How to construct rational patentable subject matter in information age is a urgent question every country is facing now. the article advocates a double patentable subject matter model which combine a positive standard and a negative standard. Positive standard insist on regarding technology as the core of the standard, and taking computer software, business method for example, make a new explain to technology in information age; in the way of economy and policy, negative standard researches that what excluding factors should be considered when a country constructs the patentable subject matter according to the its situation.