Business Method Patent Creative Elements Judgment Standard

The traditional patent legal system exempts the business method from the subject matter which can be patentable; the main reason is that the traditional business method is not in compliance with the technical requirement of patentability. With the development of internet, computer technology is gradually used in the field of traditional business and the business method involving computer technology can meet the requirements of patentability, thus it can be possible to be granted patent.In 1998, United States except for the principle of the abolition of business methods. So that in law he status of business method patents has been the object 1. European, Japan and other countries and regions have also been incorporated the business method patent protection into their patent laws. Preliminary, the object status of business method patents has been affirmative. Now the more important issue of business method patents should be the conditions standard of the substantive. That is novelty, and usefulness. At the same time, Solving business method patents invention need knowing novelty, inventiveness and usefulness. Judging novelty is more objective than inventiveness. Judging usefulness depends on the inspector's background and life experience. Judging inventiveness is not only complicated, but also facing the challenges from the Internet. So it is obviously necessary to make researches of the inventiveness of business method.In the section of introduction of my paper, the reason of my research, the background of my paper writing, the object, significance and method of research of inventiveness of business method as well as the main creativeness of my research are explicitly analyzed. The body of my paper consists of three chapters. First the meaning of business method patent and the types of business method patent. Second the basic issues of inventiveness. Third the comparative research of the criterion of the determination of inventiveness of business method patent in America, Japan and Europe and the determination of inventiveness of business method patent in China and some useful suggestions.