The Patentable Subject Matter In The New Technology Condition

With the continuous emergence of new technologies, the patentable subject matter has fall into people's vision gradually and increasingly become the focus of the study. This related to the importance of the patentable subject matter standards directly: on the one hand, clear standards are important both for the companies and individuals in business. On the other hand, the patentable subject matter standards has a narrow but important role in the patent system .It played a "look at Gate "feature through refusing or not to grant a patent which must take into account the relevant factor: such as novelty, creativity and practicality. The importance of the patentable subject matter is common, but the difference is that the different scopes between the various countries witch because of different national and social backgrounds.With the arrival of a new era, modern science and technology has rapid development. Information technology, biotechnology and other fields have made a series of landmark results. people's production and life has far-reaching implications. Specific to the patent system, science and technology has brought a big adjustment to the patentable subject matter. Some of the elements witch been excluded from the protection of intellectual property rights traditionally, may also gradually gathered under the protective umbrella of intellectual property rights. In order to meet the development of new era, many countries adjust the patentable subject matter scopes timely.In the new technology era, the rapid development of high technology not only brought challenges but also brought opportunities to the patent systems of our country. On China's current situation, in order to conform to the development of the times, meet people's needs, to overcome the existing franchise of the patentable subject matter standards, and to realize the value of the patent system targets better, the paper here, try to establish new scopes of the patentable subject matter for our country that based on the United States, the Japan, Western European countries'new and old scopes and our current technology state. In particular, in the computer program area, taking into account the computer program could bring enormous socio-economic impact and the level of our country in this area, suggested China should move under the China's current legal framework to restrict patent by technology; In the area of new plant varieties ,we should limit the patent protection of new plant varieties, because existing protection model of New Plant Varieties in china has played a very significant role to stimulate technological innovation and protect the interests of breeders. Therefore, we should be a relatively cautious attitude on the patent of New Varieties of Plants .In the field of business methods, it need use technical standards for judging and treat them differently whether to protect.