A Study On Patent Protection Strategy Of Business Method Innovation Of The Chinese Banking Industry

With the computer technology、 internet technology、 cloud computingtechnology and communication technology applicated in the banking sector,business method innovation of bank and patent protection have been one of the hotissues in the intellectual property right theory and financial practice. The developmentof science and technology innovation plays a key role in the shift process of businessmethods that from unpatentability to patentability. Traditional business method,which is considered to be purely human intelligence activity, belongs to the unpatenttopics and is excluded from the object of patent protection. However, along with therapid development of computer and information technology, business method whichsolve specific technical problems by technology and achieved the technological resulthas patentability. Since it has great commercial value, many countries began toadjust its own patent policy, gradually bringing the business methods into theprotection category of patent object.As the core of modern economic development and highly intensive industry ofknowledge, banking industry is particularly influenced by information revolution andtechnological innovation. In order to grab the commanding height of financialinnovation of the patent protection, the United States was positively promotingbusiness method patent protection and going through the State Street Bank case in1998, took the lead for banking business innovation patent protection to open the door.In2002, Citibank apply for business method patent in our country by the mediadisclosure, shows that the strategy of business method patent carrying out by thetransnational Banks has quietly spread to our country. Intellectual property protectionespecially patent has became the current banking competition which is an importantstrategic weapon, and also the inevitable choice of banking risk and improvement ofthe competitiveness.Therefore, making full use of legal weapons to implement patent protectionstrategy of business method innovation has an important practical significance forpromoting the competitiveness of the domestic banking market and multinationalBanks competition. This article embarks from the business method innovation tostudy the business method patent protection. In addition, on the basis of patent information retrieval, we provide empirical research for business method patentprotection of the Chinese banking industry by using Porter five forces analysis.Moreover, in order to provide beneficial reference for promoting the patent strategyselection efficiency of the banking industry, we put forward patent protection strategyof business method innovation of the Chinese banking industry on the basis of theSWOT analysis model.