Study On The Patent Protection For Business Method

In the traditional patent system,business method has been excluded from the patentable subjects.However,with the appearance of the computer and network technology,the business method which is applied by technology measures has been accepted gradually in some countries.How to extend the present law to protect the business method and make the promotion of the economy and technology is our urgent problem.The first part defines the concept of the business method patent.In order to grasp the legislation points of the business method patent protection and design a set of business method patent protection system which fits the present situation of our country,we have to research and review the development process of business method patent and the evolution of the policy in developed countries and the present situation of the protection in our country.There are four section expounding above questions.The first part defines two concepts of the business method and the business method patent.With the rapid development of computer and network technology,business method patent has a very strong impact on economic field.There is great significance in the patent protection of business method.Finally in this section the paper introduces the essential condition of the business method patent about novelty,practical applicability and inventiveness.The second part is to introduce the development history of the business method patent.Firstly,it is concerned on the Business Method Exception and the infection to the business method by the computer technique and it introduces the background of the business method patent appearance.Then it introduces the State Street Bank case which has the landmark significance to the business method patent development and analyzes the background and the process for America granting business method patent.At last,it introduces the different policies used to treat the business method patent by the developed countries such as America,Europe,Japan,etc and the deep-seated reasons. The third part is introducing the actuality in patent protection of the business method in China.Firstly,it analyzes the actual laws and regulations concerned on the business method patent in our country.Then this article stresses introducing the application actuality of the business method patent in the financial area through the detailed data and points out the problems which exists in the patent protection of the business method in the financial area.At last,it analyzes the infection of the business method patent to our financial industry.The forth part is the suggestions to the patent protection of the business method.The negative policy has been chosen to the business method patent presently in China,so the writer suggests that we should face that actively according to the international trend and the industry actuality.Otherwise,the disregard and the negative reaction only make us to be passive in this area.The writer provides the suggestions from the lays of the state and the enterprise.From the state lay,State Intellectual Property Office should strengthen the research of the examinations and the other administrations such as China Banking Regulatory Commission should strengthen the guidance to the enterprises for the patent exploitation and the administration.From the enterprise lay,they should set up and perfect the development stratagem for the business method patent and apply the patent actively.It is especially to apply the business method patent abroad and to protect own legal rights by the related law instruments at the same time.