Study On Issues Related To Business Method Patents

With rapid development of computer information and widely used of network technology, the results of these new technologies foster new business opportunities for enterprises. Business method inventions is to meet the needs of customers and based on the combination of computer and information processing technology and the business method. Business method inventions have a technical character, which is different from traditional business methods and is included into the scope of patentable subject matter. The success of business method inventions in e-commerce and Internet banking has brought huge economic benefits and become new economic growth point in many developed countries. United States, Europe and Japan in order to occupy a favorable position in this emerging field, have designed the business method invention into patent protection. Visibly, whether to grant business method as patent protection, is not only a legal issue, but also an economic issue.As pure business methods and computer programs is not patentable in the traditional patent system. Therefore, the study of business method patents has mainly discussed the patentability of business method invention. The legislation and practice in relevant countries show that the controversy on this issue has not yet been completely resolved and is laid aside by the concerned departments. The motivation behind is that no country wants the domestic enterprises lose opportunities in the new field. On the other hand, in order to maintain the balance mechanism of interests in the patent system, these countries will focus on business method patents transferred to the substantive elements of the standards and improving the review system, and have carried out some useful exploration in practice. The experiences and lessons learned for the establishment of business method patent system provides a very valuable reference for China.Although authority has been given to the business method patent application in China, but a sound business method patent examination system has not been established yet. How to motivate the patent system so that our enterprises can catch up and be aware of the significance of research, development and protection of business method patents? Business method patent is obviously a kind of independent patent types, and the improvement of the examination system is also an urgent issue for the patent examination departments. Business method patent examination system is discussed through a large number of empirical analysis combined with the basic theory of patent. Advices and measures to improve the business method patent examination system in China are proposed on the basis of the current patent system.