Research On Judgment Standard For The Status Of Patent-eligible Subject Matter Of Business Methods

Traditionally, business methods is not subject to patent law protection. However, withthe development of economy and progress of technological level,business method patentshave occupied more and more people’s attentions. While in China, the criterion of businessmethod patents exist shortcoming and deficiencies. In this paper, we have presented ourown opinions and recommendations about the criterion of position of patent-eligiblesubject matter of business methods,which is adapted from the practice of business methodpatents in the United States and Europe, so as to improve the relevant laws and regulationsof business method patents.Text of this paper is divided into four parts:The first part, above all, we have introduced the definition for business methods andbusiness method patents in major countries and regions. Secondly, we have analyzeddomestic experts and scholars’ definition for business methods and business methodpatents. Finally, I think that the business method and business method patents should notbe limited within the scope of computer software or e-commerce, but have a broaderconnotation.Second part, we have firstly described the definition for patent-eligible subject matterin major countries and regions, and leading to a conclusion about patent-eligible subjectmatter that is to say what kind of invention can become the object of patent law protection.And then, we have discussed the great significance of the criterion of position ofpatent-eligible subject matter.The third part is the main part of this paper. There has been a significant change aboutjudgment standard for the status of patent-eligible subject matter of business methods inUS before and after the State Street. Although the judgment standard in Europe has beenrelaxed gradually, they always adhered to the requirement of”technical”. This part has investigated in details about the different judgment standard for each period, and showedthe variations how the judgment standard appeared following the development of allaspects of economy, science and technology. At last, we summarized the developmenttrends of both criteria and their implications for China.Part4, we have firstly analyzed the current situation about the status of patent-eligiblesubject matter of business methods in our country. And then, we have proposed thefollowing recommendations about how to perfect it: enacting special classe about businessmethod patents; adhering to the requirement of”technical”; putting in the“machine-or-transformation test” criterion; differentiating the examination of the status ofpatent-eligible subject matter from substantive examination strictly.