Study On Business Method Patent Right

It is a controversial issue in the intellectual property law's domain whether Business Method should be the object of patent.Business Methods have been excluded from the traditional patent right.But, in the face of the current Business Method prominent role in the economy, as regulator of the economic and social relationship, patent law should adjusted the relationship, therefore, it is a key issue whether is to abide by the traditional concept of the patent law ,or, conform to the current need of the community ,and expand the object of patent.In this paper, concepts on patent,Business Method and Business Method Patent have been introduced therefore ,based on the relevant concepts ,present situation of Business Method Patents has been introduced, therefore, development process of business method patents and current manners of the three biggest patent governments to Business Method Patent in the world has been done ,and ,in accordance with China's present situation, Necessity is Stated that Business Method is protected in china. Therefore, after full analyzing present situation, it is confirmed that patent object must has technical characterization;therefore,after full analyzing technical characterization, it is proposed that "the technical characterization" is the most basic request of patent object. But understanding of technical characterization shouldn't defend stubbornly traditional conception of patent ,and should include new explanation and understanding in order to conform to the socio-economic development; after full analyzing technical characterization of patent object, it is proposed that technical characterization's nature is independent action and functionality; it is analyzed that Business Method under current economic condition has displayed new characteristic; the conclusion is that Business Method with new characteristic and formidable function conforms to "the technical characterization" completely, therefore, a conclusion is offered that business method should be included in patent object. Last ,based three character of traditional patent,some advice has been proposed about examination of business method patent's Novelty,Creativity ,Practicability.