On The Law Of Business Method Patents To Protect

From the 1960s', the controversy surrounding patented protection of computersoftware and business method had been given rise in the world, especially in USA,Japan and Europe. But before the problems introduced by computer software andbusiness method being solved completely, the internet had combined these twocontroversial technologies to form the E-commerce, which made the patent protectionmore complicated. During the beginning of nineties, the patent applications relatedbusiness method had emerged in USA, Japan and Europe which are the developedcountries in internet technologies. The policies to the protection of business method inthese three countries have changed from negativity to positivity after the long-termordeal;then the patentability of the business method is lucid gradually. Now, thecreativity determining criteria of business method tends to be unified since thepatentability being acknowledged by USA, Japan and Europe.In the face of such international situation, our existing patent law has notacknowledged the patentability of the business method. With the rapidly developing inbusiness method after China entering WTO, the international trade is increasing withgeometric series, the requests from the companies for protecting business method ismore and more intensive, the current status has force us to take actions to confront theserious international situation, therefore studying the trend on patent protection ofbusiness method is essential.Based on the above description, this article details the actual state of businessmethod and the relevant legal requirements in other countries, hope it is helpful for thepatent protection of business method in China.This article contains four chapters besides of preface and epilogue. The firstchapter states the history and status of the business method patent protection in USA,Japan and Europe. The second chapter explains the significance on the developing ofbusiness method, and presents its technological status, development trends and patentlaws with an illustration of the patent application in the United States.The third chapter analyzed the determination criteria of creativity in other countriesunder the existing condition of the patentability of business method beingacknowledged by many countries. The fourth chapter introduced the legal requirementsin China and analyzed the current situation, and gave the personal suggestion from twoaspects. At first, China must acknowledge the patentability of business method, and agreat deal of reason are also given, then the determination criteria for creativity wereexplained.In the epilogue, the author appeal China to open the door for acknowledging thepatentability of the business method, and confirm the determination criteria forcreativity based on our practice, which is very important for us to meet the internationalsituation, accelerate the development of E-commerce industry, protect the interests ofthe state and solve the problems of patent protection in internal trade.