Legal Analysis Of Business Method Patents

The business method patent is a new type patent connected with the development of electronic commerce. American, Japan and Europe had already successively granted the business method patent. China has not acknowledged the business method patent yet. After our country joins WTO, patent must be protected in accordance with international standards. Thus, It is very essential for researching protection of the business method patent.This paper consists of four parts:The part one defines two concepts of the business method and business method patent. The business method refers to creative managing the method of the commerce with the aid of the computer and network technology. The part two analyzes patentability of business method, i.e. a business method which is authorized the patent right, must possesses two conditions-eligibility and standards of novelty, creativity and utility. The part three studied the business method patent protection system of American, Japan and Europe by comparison. Finally, the protection of our country's business method is discussed briefly and some suggestions are given on how to establish patent protection system for the business method.