The Patent Protection Of Business Method

In recent years, with the innovation of the business model, and the rapiddevelopment of computer network technology, Commercial computer software andnetwork technology Constantlyappears, Various countries have adopted a differentpolicy responses. First to recognize the proposed business method patent protection inthe United States and other countries have also taken action. The EU initially opposed,however, the trend of the business method patent protection unstoppable,Since1999,the European Patent Office (EPO) to provide patent protection for businessmethods.In Japan,the beginning of attitude is more positive. China on businessmethod patents has been taking a more cautious attitude,of business method patentshas not yet formed a consensus, the current patent law has no positive provision ofbusiness method patents, but in the situation of the global economic integration, theState Intellectual Property Office has also taken some action, and now actively takingmeasures instead of past negative coping.Firstly，Analysis of a few typical cases, leads to the point of this controversy.July1998, State Street Bank case opened a prelude to the protection of businessmethod patents in the United States, however,in2008, In re Bilski case, the FederalCircuit Court of Appeals to give up the State Street Bank case criteria more strictmachine or convert standard to restrict business method patents."Southern Weekend"disclosure "Citibank cybersquatting patent events" caused uproar in the banking sector,Followed by the third-party payment market impacted China’s market.Through thesefour cases, leads to three issues: the concept of a business method patent how todefine the need to grant business method patents,as well as our response to themeasures of business method patents. In this paper, the business method patentprotection system with an analysis of practice,trying to find the response to it.