Substantive Conditions For The Study Of Business Method Patents

The patent protection problem of business methods has attracted increasing attention from the scholars in the country in recent years. There are many discussions in theory and practice. Since 1998, there have been many business methods have been granted patents in the United States, Japan, Europe and other developed countries. And our patent protection to business methods is still indefinite. How to learn from and study the experience and lessons drawn the business methods patent protection in developed countries, and how to propose China's national standards on appropriate business methods patent criteria, there are no perfect exposition. The thesis analyses the substantive terms of the patent business methods and theoretically analyses the evaluation criteria. Finally, the thesis proposes the approaching ideas for business methods in our country.It is divided into three chapters in this thesis.The first chapter makes a brief outline on business methods, which contains the meaning, the outreach and classifications of business methods. Business methods are currently having no accepted definition and its meaning is rather vague. The author of this thesis analyses the views of some legislative bodies and some scholars, thus making the definition of that business methods are a kind of business model that having the technical characteristics of having a significant and practical effect of the computer software business. Then the author analyses the business methods patents granted in foreign countries, and classifies the business methods patent authorized for business methods. That builds up a foundation for further discussion of the substantive conditions of business methods.Chapter â…¡ discusses in detail the substantive conditions on business methods patent, namely novelty, creativity and practicality. For each characteristic, the author makes a comprehensive exposition from the concept to specific criteria, especially conducting a detailed comparison and analysis on the judgment criteria in the United States, Japan, Europe in the aspect of creativity. That is to enable readers to have a comprehensive understanding on the "three nature" of patent business methods.Chapter â…¢ draws a conclusion on the construction of business methods substantive...