Business Method Patent Protection In China Studies

The traditional business methods as rules and methods of mental activities are excluded from patent protection in many countries. From 1960s-1970s, the rise of computer and network technology brought about the birth of electronic commerce, there followed a large number of computer information network technology with the combination of commercial activities, and thus a new business approach has emerged. In the case of"State Street Bank", 1998, the United States first recognized the status of the object of business method patents. And then Europe, Japan have gradually modified their patent laws, put the business method patent into the patent system. Why not be the traditional business method patent protection, which the computer and network technology business methods can be patented? What kind of stage and status is this current business method patents in? This paper compared the United States, Japan and Europe in the business method patent protection on the legislation aspect, and designed for China's national conditions of business method patent protection regime.This text contents four parts: The first part is to introduce the business method and business method patents. Including a description of the traditional definition of business methods, new business methods can be patented background and overview of this business method. Followed by State Street Bank case, described the identifying and developing process of business method patents in different countries. The second part of the business method patents have become the object of patentability reasons, the author discusses the philosophy of law and economics from the perspective described. Nature of patent law is to maintain a balance between interests, when the new business methods appear to rule out the door in the patent law has been unable to maintain this balance, the protection became a necessity. And then from an economic point of view further elaborated reasonable business method patent protection, and finally through our international challenges facing the perspective of business methods, deeper answers the need for protection of business methods in China;The third section describes the object of business method patents identified, focusing on a brief from technical analysis, and interpretation constitute the substantive element of business method patents, or novelty, creativity and practicality. Business method patent law follows the general composition of elements, while slightly different. By the last part of our business method patent status of legislation and practice, put forward his own views, and from several aspects of our business method patent protection strategies and put forward their own legislative building constructive comments.Ultimate purpose of this writing is from the actual situation in our country, through the analysis of domestic and international business method patent legislation and practice environment, feedback and our review of the current patent legislation and guidelines to future business method patent legislation provide useful lessons of and countermeasures.