Commercial Methods Can Be Patented

The patentability of business method has been a feverish issue all the way discussed in the area of patent system. Both of the scholars and practitioners discuss it at least on the following two levels:firstly, whether business method belongs to the patentable subject matter defined by the patent regulations or not, or as u could say, is one of the objects under the protection of the patent law; secondly, to what extent, business method could comply with the essence patent examination elements then to be conferred a patent on the applicant. It should be made clear first here is that the patentability of business method that would be delivered in the following part of this thesis is specifically pointing at the first meaning of the issue. To put it concretely, has the patent system given a way to business method for its protection? Furthermore, we would also examine how the business method patent system of the US has been set up by cases mainly as well as some of the memorandums and guidelines issued by the USPTO. And respect to the patent examination standard and conferring practice, we could also find out some experience in accordance with the US patent system.Referring to patentability of business method, we start from the basic theory of patentable subject matter then go to the necessity of making business method to be patentable and both of the good and bad impacts it will bring out,especially to the innovation of the industry. As we could see, it is not only the good aspects but also the bad ones that the patentability of the business method would make out. However, based on the concept of balance of interests and properly utilized, the scope of the patentable subject matter would promote industrial development and innovation meanwhile avoid its adverse effects to the maximumAs far as we could tell from the patent examination rules and practice from most of the countries all over the world, when it comes to determine the patentability of business method,"technical" is one of the indispensable and essential elements. Although some scholars have suggested that "technical" should be removed out of this judgement, we sincerely cannot agree with this considering that it is one of the initial elements of the patent system and it shows the basic characteristic of the system. The key to solve this problem is to understand the term "technology" as a dynamic and developing concept instead of abandoning it. As the very first country to open the patentability of business method, the US has a history of how to build a patent system which allows business method under the protection of the patent law in the modern days. However, Rome wasn’t built in a day. The history of the patentability of business method is described as a path of twists and turns. On the current situation, the Supreme Court of the United States gives a positive attitude towards business method patents.At the end of this thesis, we point out some shortage of the business method patent examination system in our country, such as the lack of precise and proper understanding of the "technical" element and an improper confusion of the two meaning and criterion about the patentability of business method. We also give some suggestions from distinguish concepts, strengthen legislation and complete the examination regulations to make the system better.