Business Methods From Patentability

In 1998 as the Federal Circuit Court made the decision on the case-State Street Bank which confirmed the software and methods of doing business may be patented in America, Japan and Europe followed the step to give patent protection to business methods. Nowadays, U.S., Japan and Europe have agreed with each other on that the business method is the patentable subject, and they are looking for the common standards.Since China's entrance into WTO, the relationship with the economy of the world are becoming more closely. It is urgent to keep up with the step of the world. In order to protect the national interest and improve innovation, we should follow the international trend to give patent to the business methods.This thesis focuses on the analysis of State Street Bank case to research on the definition of commercial methods, on patentability, examination standard, and compares the patent protection with America, Japan and Europe respectively, to propose a legislative suggestion based on the situation in China.First, this paper introduces the State Street Bank case, and reviews the developing process of business method patented in America .The case announced the end of the business method exception principle and the Freeman-Walter-Abele testify method. At the same time, the case confirmed the business method patentable, and makes it clear whether the business method is patentable or not. From then on the focus of examining the patent transferred from useful arts to practical utility. The case catches more attention of the world, and after that the number of the business method patent are increasing obviously.Secondly, the paper defines the concept of the business method patent, introduces the definition and development of the economic business on the base of which the concept the business method patent comes into being. In this part the paper also points out that computer and web technology are the basic of the business method. The business method patent is the patent that combines the common manage rules of business with the informational technology and computer hardware and software.Thirdly, through the review of the protecting process of the business method patent, the paper compares the U.S, Japan and Europe's patent policy and their adjustment, and concludes the international trend of business method patent protecting.Fourthly, the paper discusses the patentability of electronic commerce business methods. The business method achieves strong technological function with the help of the computer and internet technology, and is no longer a pure mathematic rule and intelligence method and thus becomes the object of patent. The paper analyzes the examination standard of the electronic commerce business method in practicability, novelty and creativity.Fifthly, the paper discusses the necessity of founding the business method patent system the aspect of protecting the interest of the nation and enterprises, especially finance enterprises, and gives some legal suggestions in protecting our nation's business method patent.