Research On The Patent Infringement Determination Of E-Commerce Business Methods

with the coming era of internet service, e-commerce goes into flourishing. it is no doubt thatthe rise and the development of e-commerce is a consequence of global economic revolution. wetag it a "new-economy", which is completely different from the traditionals.the competition among the enterprise are even so fierce. security, convenience and creativityare now become to the core competence in the given solutions.Thus, in order to success in the market, the modern e-commerce enterprises are nowconcentrating and shifting there limited resources to the research and development of thee-commerce software, which is able to meet the demand of the consumer.Hopefully, those methode, which is more effective and more convenient, can attract more andmore consumers.But the patent protection issues and tort problem of identification of e-commerce businessmethod have followed. an increasing number of people think that if the patent protection ofe-commerce business method can be subject to "The patent law" on the "three”,it can be protectedby law. But for how e-commerce business method patent is in line with the "three". If it does, howis its patent infringement by the conduct identified a number of specific problems have yet toconduct in-depth study. In this paper, these details are to be discussed and researched.The first chapter is aiming to make an analysis to the possibility of the patent methode ofE-Commerce. Base on the domestic law of patent, the author is going to find out which mothodecan be corresponded to "creative, novel and practicable", and will be protect by the law.The second chapter will be started from a detail case of infringement to a typical methode ofE-Commerce. And we will discuss the relationship among standard, protection range andprinciples of equality of E-Commerce methode. Moreover, we will focus on the suitability of theprinciples, including a reasonable precondition and period.The third chapter based on the international community and our e-commerce businessmethods to determine the principles of theoretical studies to explore e-commerce business methodpatent infringement defense. Discusses several defenses that do not belong to the range of violations of e-commerce business method patent rights. To protect non-legitimate rights andinterests of the infringer.