Business Method Patent Protection

The business method patent problem is a very important subject for the construction of our economy .if we don't treat it seriously, our company will be placed in very disadvantageous position in future electronic commerce competition. Our country's patent section can adopt the "patent tighten" tactic surely to win time for our business enterprises, however this is not the permanent arrangement. Along with the developing trend of the method patent turn- the patent standardization- the standard admit turn", once the business method patent becomes the international standard, the financial business enterprises of our country whether are compelled to the pay the expensive patent royalties, or face the danger of being kicked out from the international financial market. Therefore, the research of this text has important realistic meaning. The purpose of this text research is to strengthen the foundation research of business method patent problem, cause the attention of the related sections, urge them to take aggressive moves, avoid " the numerical ditch " between our country and developed country was further extended.This text mainly adopted the method of the comparison research, investigated the developed country's experience of lawmaking and judicatories on this problem, and consulted some English articles, on the one hand, we can draw lessons from the experience of developed nation, on the other hand , it can make this article expand the visual field , keep the advanced level in the same kind of investigation, unlikely behind the time.In the first part of this article, the writer analyzed the concept of the business method, the business method patent and other related concept first, uncovering the mystery veil of the business method patent, making the people have an outline comprehension.The second part of this article begins with the business method exception principle on the patent law, stated the developing process of business method patent. After the appearance of the business method patent in the United States, many countries adjusted their patent policy. The writer then investigated this phenomenon, introducing the business international trend of business method patent protection.In the third part, the writer introduced the people's different attitude and controversies onthe business method patent problem, afterward writer analyzed this problem, thinking it matches the groundwork of patent law and will not falter the patent system to bring business method into the patent protection.The fourth part analyzed the eligible condition of patent first, pointing out the business method that contains technique project is the proper object of the patent. The writer drew lessons from the lawmaking and judicial affairs experiences of developed countries, and summarized the stricter standard that our country should adopts in the investigation of patent applicants.The fifth part mainly studies the provision, the business method influence of the patent upon our country and the strategy we should take. We should pay high attention to the business method patent problem, and we should take moves together and actively, replying the business method patent problem.