The Study Over Patent Issues Of Merchant Methods In E-business

The 21^st century is the knowledge-economy times which rushes into the normal life style and the thinks with the rapid developing high-techs and changes the international politics and the economies that shapes the world perspective. And the battle between the nations has come into the techs from the capital, which means the monopolization of the creation and the ownership of the high-techs which is called the patent competition.So the system of the patents shows equal valuation and the demonstration of the individual and social or national benefits by the country. So the developed countries adjusted the national systems and polices of patents one after another in order to dominate the top of the patent competition and continually strengthen the protections to expand their economies.The traditional merchant methods has excluded form the patent protections. However, the development of the high-techs had broken the limit of the time and space to realize the combination of the merchant methods and the IT that the human beings enter into the brand-new epoch of the e-business. As the potent magnitude of the merchant benefits and the brilliant markets, the forcing demands had put forward by the developed countries in the endowment of the patent.In 1998, as the decision of the State Street Bank & Trust, the U.S. firstly established the protection of the merchant methods. Therefore, there are many counties changed their policies of the patents and took the merchant protection into the area. So that is the challenge and the chance for China that would be the winner in the battles and the problems that should faced after the WTO entrance.As the facts above, this paper would divide into three parts as the introduction, the contexts and the conclusion to give the topics, the meanings and the summary around the world.The whole text is the following four parts:Part one is the introduction of the merchant methods to analyze the concepts of the e-business, the traditional methods, and the e-business merchant and to define the merchant methods with the characters, the classifications and the confused key words.Part two is the history of the merchant methods. As the establishment of the exclusion principle of the patent objects in the U.S. a hundred years ago, the transformation embodied the consideration of the national benefits. And the analysis of the development of the merchant methods by the U.S, Japan and EU showed that the trends of the patent of merchant methods and the radical reasons of the endowment and the movements for China.Part three is the discussion about the necessity and the legality of the merchant methods. To analyze the limits of the protection in the merchant secrets and the literature which conclude the unique choice for the protection of the merchant methods. Then legality has demonstrated from the legal philosophy and the economy that is the following essences: novelty, creation and the practicability.Part four is the analysis about the current regulations shows that our law has not certain way to prohibit the merchant methods that is possible to give the patent protections as the prudent attitude for the national benefits as the legislative techs. And the author's suggestions put forward after the analysis of the contradictions in Chinese merchant methods patent protections.And the end of the reviews and conclusions...