Research On Patentability Of Method

Human intellectual activity is a source of progress of human society.With aspecial law to protect the creative achievements of intellectual activity,it developedslowly in the past few centuries.Until the early20th century, the intellectual propertysystem was becoming mature gradually. However, with the producing of computertechnology in the1980s,we moved into the information age,the emergence of avariety of high-tech had a great impact on the intellectual property system.Particularly,it had a great influence on the patent system.Recently, the case of Bilski is finally settled,after several years of administrativeand judicial proceedings.The representativeness of this case deserves our furtherexploring on the problem of patentability of process. Patentability is originally thebasic theory of the patent law, however, with the development of the society, theupdate of the science and the technology, and various of process to apply for a patentdue to the new technology, the question of how to judge the patentability arousesgreat controversy between the practical and theoretical sphere. Standards to judge thepatentability are diverse all around the world, and even the same country usesdifferent standard at different times.Therefore, this thesis aims to put forward the improvement opinions on thepatentability system of process by analyzing judgment of the Bilski case and drawingon the experience of American patent system.This thesis can divided into four parts:PartⅠ:Author began with an introduction to the case of Bilski. From theadministrative procedures of the USPTO into the court proceedings of the UnitedStates, from the CAFC to the Supreme Court hearing, author introduced the trial orverdict of the various procedures and elaborated on the main controversial point ofthese programs.PartⅡ:From the theoretical issues of method patentability system and patentapplications and Justice trial practice starting, introducing the history and currentstatus of the theoretical knowledge, and combining with the specific circumstances ofthe case, author detailed analysis of the basis of the patent application in the casebefore and after the trial practice standards.PartⅢ:From the case of Bilski,author talked about the method patentabilitystatus quo,especially discussed the rules and methods of intelligence activities, the diagnosis and treatment of diseases, and business methods. From the specificdiscussion of the law and patent applications and trial practice, author discussed theroughly attitude of the method patentability standards.PartⅣ:Return to the case of Bilski, we need to think about the affect of the case.Author mainly talked about the influence of the case on the U.S. Patent policy, as wellas our reasonable reference.Finally,the author put forward his opinions,in order toimprove the examination and the administration of justice’s theory and practice of thethe method patent.