| As economic and trade exchanges between countries becomes more frequent, the importance of intellectual property rights protection is also gradually revealed, and became the important tool in the copetition among different countries. In order to be the priority, the enterprises are increasingly fierce competition in the field of intellectual property rights, especially the business method patent of banks.As a kind of business method patents, the financial business method can not be granted a patent right for a long time. Since the judge about the case of State Street Bank has been made, the argue about whether business methods have the patentability continues today. This article is focused on the patentability of financial business method and the examination standards.The article is divided into five parts, mainly including the following content:The first part outlines the meaning of the financial business method patent, and lists the legislative process of different countries. By compring the attitudes about the financial business method among America, Europe and Japan, concluding that all these areas give legal force to the financial business method patent, but the examination standards are different.The second part is about the patentability of financial business method in China. Our country has recognise it. In addition, the examination standards conclude that being creativity, novelty, practical standard and can be a technical scheme.The third part is an empirical research about the technical features of the financial business method patent in China.Through the analysis,concluding the technical features of the financial business method patent in our country. The fourth part is a summary about the development of the financial business method patent. It has two suggestions, one is about the perfection of the legal system, the other is about the the protection strategy for Chinese banks.The fifth part summarizes the achievements and disadvantages of this article. |
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