Research On Business Method Patent Of Finance

Under the back ground of economic globalization and financial integration coming with therapid development of modern communication network and computer technology, financialdevelopments is closely related to information networks and computer, thus the financial sectordevelopment has entered into a new historical period that the governments need to develop newfinancial policies and the legal system. With the relocation of U.S. Manufacturing, financialservices industry becomes a leading industry.Although the "patentability" given to business services approaches for the collectiveinterests of the country’s financial groups meet the opposition at the beginning, but this situationdid not last so long. Many countries began to learn from the United States to give patentprotection to the business methods. The disputes on what kind of business methods should begiven the patent are so big, and the object of business method patents in the United States isdifferent from that of other counties.While is any business methods connected with computer systems can be granted the patent?Can pure business methods not be given patent protection? Thus we can find that which kind ofbusiness methods can be the object of patent, and the judge objects to the eligibility criteria arethe core issue of business method patents. So the first is to solve the problem of the eligibilitycriteria and test methods in financial area, and then the "three attributes” audit of the businessmethods in financial area. Some invention may pass the "three attributes” audit but can not begiven the patent.This article is divided into four sections to explore some of the problems of the financialsector on business method patents. The first part is the financial sector development and impactof business method patents, which mainly reviewed the course of development of businessmethod patents, discriminated the exceptional principles to the American business method. Thebusiness method patent protection has never been excluded from patent protection. Financialbusiness method patents have different affects to the countries all over the world. The second partis case study, which is two important cases of business method patents in the United States,which is case State Street Bank and case In re Bilski. The two cases reveal appropriate changes of eligibility criteria on business method patents in the United States. The third part is the analysisof financial business method patents object and eligibility criteria auditing standards in China, theUnited States, Europe and Japan. The development of financial business method patents inEurope, Japan and China is indispensable to but stricter than the American one. The threecountries’ financial business method patents exploit the business method patent eligibility criteriaauditing standard. The fourth part is on the improvement of business method patents eligibilityauditing standard, which compares between two standards and advocates that the businessmethod patent auditing standard should not be confused with the auditing standards on object ofpatents protection, novelty, and creativity.