Research On The Review System Of Business Method Patent

Business method is not as the protection target of patent in the past. But as the business method was introduced to the network of economic and financial activities, particularly combined with computer technology, some companies and countries began to call on business method patent to protect its competitive edge. The United States was the first in the world to grant business method patent, after that, the applications and grant amount of business method patent increased rapidly in all developed countries.Although the challenge to business method patents have never stopped, I believe the protection of business method patents is irreversible, we should face the challenge and response to it actively. On this basis, this paper started from the origins and features of business method, introduced several landmark cases of business method in order to describe it exactly and completely. Then summarize the theory and practice of United States, Japan, Europe and other developed countries and regions for business method, shows their changes in attitude for it, from which sum up the advantages and disadvantages of different censorship of business method patent.In different censorships of business method patent, the United States focus on practical test for business method invention; the EU insists on the standards of technical contributions; as well as Japan judges from overall program. discuss the establishment of censorship of business method inventions that fits for our county in the analysis of different censorships, combined with our current status. As the three properties of novelty, creativity, practicality, this paper considers that the review standards should be subject to creativity. Then analyze the creative level, the review model, the selection point of review, the personnel factors of inspectors and other review factors of censorship, suggest how to improve China's business method patent censorship.Finally, discuss the existing legal provisions and institutional buildings involved in business method patent, making suggestions and envisagement. In accordance with status and development of business method as well as the influence to our county this paper gives improvement methods, in hope of contribute to business method patents censorship of our country.