Study Of Business Method Patents

Traditionally, the business method always belongs to the rules of intelligence activity, and it is removed out of the 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) first confirming the business method patent as a kind of new patent through the legal precedent in the end of 1990s, many countries and area such as Japan, S. Korea, Canada, Australia, Europe as well as Taiwan Province of our country confirmed the new type patent. In a situation that our country's computer technology and E-commerce are being developed constantly, it is of great importance to study the impacts of business method patent on our country and the countermeasures that our country (government), enterprises, academia, etc. should to take.This paper consists of five chapters besides foreword and conclusion.The Chapter One introduces the history and development of the business method patent, and this part also probes into the definitions of business method and business method patent.The Chapter Two discuses the economic rationality of business method patent in terms of the obligee's cost —profit, economic relations between obligee and the public of the business method patents and scale merit and marginal benefit of business method patents as well as from the angle of system economics. In the course of application of the business method patent, there exist the rule of profit to increase progressively, that is, the more widely it is used, the more scale profit the obligee will get, with it's marginal benefit remaining same.The Chapter Three states the justifiability of business method patent from perspective of law philosophy. The labor theory of intellectual property and the motivational theory of intellectual property are the philosophical foundation of business method patent. The balance theory of the intellectual property plays an important instructive role to resolve the contradictions between the private interest of the obligee of business method patent and public advantages, as well as the contradictions between the national interest and international interest.The Chapter Four analyzes and compare the similarities and differences about conditionsto award of the business method to patent among United States and Japan, Europe, etc. For the purpose of protecting its developed software industry, the condition to the business method patent is required loosest in United States. But it is the strictest in Europe, and it is medial in Japan.The Chapter Five deals with the necessity and the feasibility of granting patent protection to business method on the basis of analyzing the challenge of international business method patent China faced, and puts forward the countermeasures to tackle with the challenges of business method patent from the perspectives of different subjects.