The Study On Business Method Patent Cases Of China And America

Traditionally, the business method always belongs to the rules ofintelligence activity, and it is removed out of the patent protection area. Inrecently years, with the development of computer and networktechnologies, especially the emergence of e-commerce and other newbusiness models, making the business methods associated with theincreasing importance of patent protection. Business methods incombination with the computer were introduced to the financial andeconomic activities, a number of international companies in the emergingnetwork to protect its economy in the first-mover advantage to start thebusiness method patent application for the patent laws. In1998StatedStreet Bank case, the United States changed the behavior of "businessmethod patents can not" in the past, first opened the door of the "businessmethod patents". After that, countries started to adjust the patent policiesaccording their needs, and formed their own patent examination standards.Business method patents are reasonable, but according to the level ofsocial development to determine a reasonable standard of investigation.With the development of society, each country's attitude to business method patent was changing in practice, how to work out the relevantlaws based on China's society development status of the times wasworthy of study.Based on the four specific cases of China and the U.S. analysis, theSino-US attitude of business method patents and its standard of reviewwere obtained, reflecting the two countries for different attitudes ofbusiness method patent at different times, review standards were alsodifferent. The study was aim to find out similarities and differences, andgot some recommendations from the analysis of the latest cases of theU.S.This paper was divided into introduction, body and conclusion.Introduction described the background of writing and purposes. Body isdivided into four parts:The first part defined the business methods and the definition ofbusiness method patents. First reviewed the intellectual propertycommunity for business methods to the various definitions, and discussedin this article defines the business methods, and then sorted out the originof business method patents and concepts, so as to the discussion later.The second part two typical cases from China and the United stateswere introduced, between the selected case reflected two countries atdifferent times for different approaches to business method patents.The third part of the Sino-US comparison of patent protection for business methods. China's business method patent application status andreview of conditions were analyzed with the combination cases. Twotypical cases as a background review of business method patents on theU.S. History standards were described, further on China and the U.S.business method patent protection for comparative analysis, and foundtwo of the business method patent protection difference.The fourth part analyzed China's business method patent protectionstatus quo, with the combination with the development trend of theEnlightenment vision and came to our business method patent protectionfor some countermeasures and suggestions.