Research On The Cases Of Business Method Patent

Business Methods have been considered to be "the rules or methods of intellectual activity" and been excluded from the traditional patent right. However, with the computer and network technology are widely used in commercial areas, in particular the emergence of e-commerce, patent protection related to electronic commerce gets more and more attention. The Court of Appeals for the Federal Circuit Completely eliminated the "business methods exceptions" and opened the gate of the business method patent protection in State Street Bank & Trust Co. v. Signature Financial Group, Inc.in1998. Since then, countries have started to adjust their own patent policy, recognition of business methods from patentability. To the United States, Japan and Europe, represented by the developed countries and regions, business method patent protection practice shows that business method patent protection is reasonable, but it is necessary for the reasonable limits. As a WTO member, in order to promote China's development of electronic commerce, in order to enhance the business competitiveness in the international arena, we have an urgent need for business method patents to protect the deep-seated problems studied. By analyzing the typical cases of business method patent, this paper will summarize the characteristics of business method inventions and define the scope of business method patents, and on this basis, make some suggestions for perfecting the conditions of protecting business method patents.The first chapter is named as "Case introduction". There are two cases which are typical and reflect the characteristics of business method patents and the issues which should be solved.The second chapter is named as "Analysis of the problems caused on the cases".There are two parts. The first part is named as "The definition of business method patents". By comparing the relevant provisions of several countries, combined with China's specific situation, the writer sums up the characteristics of the invention and defines the scope of business method patent protection. The second part is named as "Analysis of the elements of the patent examination". In this part, the writer points out that the problems of business method patent examination and the conditions needed to be improved.The third chapter is named as "Recommendations and countermeasures of business method patent protection". According to China's business method patent protection status, and the problems showed form the cases, the writer puts forward the suggestion for a solution and countermeasures.