Research About The Protection Of Business Method Patent In Chinese Banking Industry

Traditionally, the business method (BM) always belongs to the rules of intelligence activity, and it is removed out of patent protection area. But with the development of computer technology and electronic commerce and with the Court of Customs and patent appeals (C.C.P.A) fist confirming the business method as a kind of new patent through the legal precedent in the 1990'. According to their body benefit and the prospection of network economy, Japan and most of Europe countries began to confirmed the new patent by adjusting the relevant policies and laws. At present, the creativity determining criteria of business method patent (BMP)tends to be unified since the patentability being acknowledged by USA, Japan and Europe. The protection of BMP has became a international tendency, and the BMP also has became the focus of competition in the financial fields, especially in banking industry . Applicating BMP also becomes the overseas that was used by some big financial organ to seek development. But the Chinese banks are lack of the consciousness of patent protection, in addition the insufficiency in the ability of researches and the funds , There is some weakness in the protection of BMP in Chinese banking industry. Facing the competition coming from foreign country financial organ, promoting the innovation ability, forming the competitive advantage rapidly become the key to Chinese Banking industry prosperity .Therefore,it has an important theory and practical significance to research the BMP question.In view of this, the writer has made the positive discussion and the research to the BMP protection in Chinese banking industry, hope it is helpful for the development of Chinese bank.The article is divided into five parts besides foreword and conclusion. Part 1 is "Summary of the business method patent". This part introduces the definition and the characteristic of the business method patent and its development in bank industry. Part 2 is "the necessity analysis of the protection for the business method patent. This part elaborated emphatically that it is time request to protect BMP in the patent system development and has carried on the analysis to its necessity from the law and the economic value angle. Part 3 is "present situation and analysis of the protection for the business method patent in overseas financial organ".In this part, the writer introduced emphatically the present situation in America, Japan and Europe and has carried on the analysis to the various countries' BMP situation. Part 4 is "weakness of the protection for the business method patent in Chinese banking industry . This part analyzed the weakness of the protection for the BMP in Chinese banking industry from the system aspect, the correlation organization administration aspect and banking industry own aspect. Part 5 is "the suggestion for consummate Chinese banking industry business method patent protection ".Based on the question which exists in the BMP protection in banking industry ,the writer puts forward the proposal in view of the legislation, the administration, the banking industry, supplies the correlation department and the banking industry refers.