Internet Age Business Method Patent Protection Of Research

With the development of technology on computer network andtelecommunications, which is characterized by Internet and with the successfulapplication in the commerce, the traditional pattern of business operation has beenchanged extensively and profoundly and it has influenced the change of law duringthese years. The judgments of the American state street bank' case in 1998 confirmedthe business method patent (BMP) in practice. The protection of the BMP begins tothe focus of all circles. It is the problem for us to be settled immediately, which is howto expand the patent law into the Internet and apply into the Internet business methodin order to promote the development of economy.Therefore, the article sets forth the exclusive rule of business method, the originand case of the BMP, compares the tendency and the practices about the BMP inAmerica, Europe and Japan in order to explain the tendency that the Internet BMPshould be joined into the legal system of patent protection. Because persons don'tfully clarify the meaning of the BMP and they are confused with the traditionalbusiness method, so the article clarifies the difference between Internet businessmethods, traditional business method by defining the business and the BMP,summarizes the character of BMP, the inventive essence of business method and therelation with the computer soft and intellect rule.At the same time, the article finds that it is necessary to protect the BMP in theInternet time by stating the legal value of the BMP and economical value, comparingthe patent protect, copyright and trade secret protect, analyzing the opponent view.And it pays attention to compare the provision about the statute subject of patent inAmerica, Europe and Japan. It emphasizes the BMP belongs to the statute subject ofpatent by studying the TRIPS and our patent law. The article discusses the judgmentcriterion of utility, novelty, non-obviousness by connecting the practices of America,Europe and Japan. Finally, the article emphasizes the industry interest and theproblem of protecting the BMP in our country. So it puts forward some advice andmeasures for the legislation, government and enterprise in order to perfect the BMPsystem, promote the development of E-commerce, so that our country and enterprisecan better face the challenge and the opportunity of the BMP in the future.