Conditions Of E-commerce Business Method Patent Research

With the development of technology on computer network and telecommunications, which is characterized by internet, the society is influenced extensively and profoundly by it. The application of technology on computer network and telecommunications to commercial field facilitates the emergence of E-business, which is a significant evolution. Therefore, E-business method, the subject of the thesis, is the method of carrying out business with the technology on computer network and telecommunications. Under the traditional patent requirements, business method used to be excluded from the patentable subject all over the world. However, the main developed countries, such as the United States, Japan, and Europe, have already revised their patent laws to include E-business method into the scope of patent system since the end of last century. Why is the traditional business method excluded from the scope of the patent objects, while E-business method may be protected by patent law? The reply to this question leads to the proper comprehension of the patent requirements. Thus, with the center of patent requirements of E-business method, the thesis includes three parts, including introduction, text and conclusion. In the introduction, the thesis accounts for the purpose and background of writing briefly. The part of background consists of the summarization of previous studies on E-business method patent, and the writing method and principle composition of the thesis. Thus, this part aims to expound the train of study. The text consists of four parts. In the first part, the thesis introduces E-business method briefly. First of all, the thesis explains the connotations and features of E-business method, and clarify the relations between E-business method and the traditional ones and the relations between E-business method and computer software. Thus, the thesis expounds that E-business method, as an integrity of business method and technology on computer network and telecommunications, should be studied as a whole. Subsequently, the thesis reviews the process of the attitude of the world on protecting business method by patent law, and educes the preliminary inquiry into the requirements of patent. Before an invention becomes the object of patent, it must be satisfied with two levels of patent requirements. The first one is that it must conform to the prerequisite requirements of patent, that is, it must belong to the patentable subjects. The second one is that it must conform to the substantial requirements of patent, that is, it must accord with the requirements of utility, novelty and non-obviousness. The thesis will apply a method of comparison from the history in this part. In the second part, the thesis studies the prerequisite requirements of patent of E-business method. From the analysis of origin and purpose of patent system, the thesis comes to the conclusion that the essence of prerequisite requirements of patent is the demand of technical nature, that is , the invention must be invented to solve a certain technical problem, apply a certain technical method and manage to engender some technical effect. The term of technology means an integrity of systematic knowledge which forms to solve a certain problem on the base of natural science and law of nature. Meanwhile, technology has objectivity. The essential reason of traditional business method's being excluded from the patentable subjects is that it involves the rule of social activity instead of law of nature and thus does not possess technical nature. However, E-business method usually applies some technical methods. Therefore, it may possess the technical nature and be satisfied with the prerequisite requirements under some circumstances. In the third part, the thesis studies the substantial requirements of patent of E-business method. The various particularities of E-business method challenged the substantial requirements, that is, utility, novelty and non-obviousness, of the traditional patent system. For this reason, the developed countries, such as the Uni...