Fitness Business Methods Software Patents Lattice Research

Business method software is a combination of traditional business methods and software; it is a form of business method software.The traditional business methods belong to "review guide" which refers to the "the rules and methods for mental activities" excluded from the scope of patentability in every countries. However, with the rapid development of modern computer network technology and electronic commercial economy, the business method software based on these high-tech platforms for the application of technical means and can produce technical effects. Then it owns the possibility of patent protection. This paper quotes two representative cases which confirmed the development history of business method software patents protection in the United States. The same judicial organs at different times have different attitudes on the patentability of business method software. The change of this attitude reflects the change of the review standard on the business method software.The controversy focuses on these two cases are:What kind of business method software was patentable, which means what the specific review standard for the patentability of business method software. The paper first describes the concept of the business methods and the business method software patents. After the understanding of the basic concept, it introduces the various modes of protecting the business method software and the comparison between them. Then it leads to the legitimacy and necessity which rewarded the protection of business method software patents on the basis of comparison. After recognizing the legitimacy and necessity of business method software patents protection, it mainly describes the controversy focus question of the quoted cases, namely the technical features and substantive conditions of the software business methods. This section focuses on the judgments of three properties of patent and identification of technical patent during the checking process of the business method software. In the study of the different approaches in business method software of different countries summed up the favorable experiences for the building of our country's business method software patent protection system, and then proposes the suggestion of the business method software patent examination system and operational recommendations which is suitable for Chinese National Situation.