Review Of Business Method Patents Model

The patent problems of business methods have been a controversy in IP field for a long time. Should it be protected by patent law? And if the answer is yes, what kinds of standard should be established? Both questions need our deep research to answer. A lot of business methods related inventions have been accepted as a patentable subject matter in some developed countries or districts such as USA, Europe and Japan. However, in China, business methods related inventions are still considered as a non-patentable object according to A25.1 and R2.1, although there's no clearly-stated rule on that.In this thesis, the author has researched the historical patent practices of business methods related inventions in USA, Europe, Japan and China, and found that "technical characteristics" are very important factors in patent examination. Generally speaking, there are two examination models on the basis of technical characteristics, namely object-patentability model and inventiveness model respectively. The thesis compares the advantages and disadvantages in the two models, suggests establishing a rational examination model suitable for China and provides some detail standards for this.The thesis is divided into four chapters. First chapter concerns with the definition of business methods. The second chapter researches at length on the historical patent practices of business methods related inventions in USA, Europe, Japan and China. In the third chapter, according to the author, "whether the character follows the natural law" is considered as the essential difference between "technical" characters and "non-technical" characters, and knowing this difference is particularly important to the patent examination of business methods related inventions. In the latter part of the third chapter, the author has made a comparison between the two examination models, and regards the inventiveness model as a more suitable examination way. In the final fourth chapter, the author has tried to come to some detail standards in the inventiveness model which is suitable for China.