Involved In The Study On The Review Of Business Method Patent

The patent protection problems of business method have always been acontroversy in IP field for a long time. However, since the case of State Street Bankin the United States had a final decision, the United States, Japan, Europe and otherdeveloped countries and regions would gradually relax on the examination standardsof subject matter for business method, and no longer discuss the problems of thesubject matter for business method any more. And they have more and moreattention and discusses on the specific decision criterion of patent protection practice.In our country, because of no specific provisions involved business method inventionin law, business method claim with technical features is normally rejected for theproperty of authorization in actual examination process according to A2.2related tothe definition of creation.This paper mainly focuses on the comparative study on the examinationpractice and criterion of business method of US, Japan and Europe. Based on this,the author thinks that the authorized rate of business method can also be controlledthrough substantial examination. Therefore, by combining with the analysis againstthe drawbacks which is relevant to the examination styles of the business methodwith technical features in China now, this paper concludes that materiality terms maybe used for the examination on business method patent under the precondition forthe development of the China’s economic.This paper is divided into three chapters. The concepts of business methodpatent are summarized in first chapter. Firstly, the concept of business method isdefined by a variety of perspective, and then the definitions of business methodbrought by IP are reviewed. Finally, based on this, the relationships among thebusiness method, business method patent and business method software patents areanalyzed, which lays the foundation for the later discussion of this paper. The secondchapter mainly researches on the practical development process of business methodabout US, Japan and Europe, and detailed compared and analyzed the examinationcriteria of the relevant countries. Firstly, examination practice and development process in China was reviewed in the third chapter. Then, the drawbacks about theexamination styles of the business method with technical features in China now areanalyzed. Finally, based on the said analysis, the author thinks that china should givethe current examination style of business method with technical character up, andadopt the substantial examination style, and give the corresponding suggestions.