The Research On The Qualification Of Business Method Patent

The business method patents were not recognized as legally patentable until the case of “StateStreet Bank” was decided by a court of the United States in the year of1998. And then Europe,Japan and other countries and districts have followed to put the business methods into thepatentable system. But what kind of business methods can be patented? How to solve the problemof the standards’ confliction between traditional patent and business patent? As well as the problemof the protection difference between the traditional patent and the business method patent are allneed to be dealt with. This paper based on the comparison of the difference between United States,Japan and Europe in the business method patent protection system, and put forward the opinion ofthe writer.This text contents four parts: The first part describes the definition of business method andbusiness method patents as well as the difference of the traditional common methods. In the secondpart of this article, the writer have put forward his opinion on the negative requirements onbusiness method patent on the basis of comparing the difference between business method patentsand the traditional patents. The third section describes the positive requirements on the businessmethod patent. The fourth part, which introduces the Chinese business method patent system andits legal regulations, then the writer put forward his suggestions on the improvement of regulationsand the system.The fundamental purpose of this writing is to discuss the problem of business patents whichdo still exist, and to put forward suggestions to future business method patent legislation as well asthe construction of protection system.