Study On The Patentability Of E-commerce Business Methods

Patentability of E-commerce business methods has been gradually admitted by America and other developed countries with the knowledge of huge economic value and potentials of E-commerce in the knowledge-economy and information era. As a new type of patentable subject matter, E-commerce method patent is born with many problems, like the problem whether E-commerce method belongs to the invention protected by patent law and the problem if the patent right granted can promote innovation or may harm free competition. These problems have incurred intense discussion in both theory and practice areas. It has become an international trend for E-commerce method patent to be acknowledged in these days. The focus of research in many countries has moved from patentability issue to the identification of E-commerce method patent. While, the academic research in China are still focusing on the patentability of E-commerce method instead of in-depth discussion of the regulations and legislations, though China has granted the patent right to E-commerce method in practice. In this paper, the disputes and theory of E-commerce method patentability will be discussed with the purpose to settle the problems faced by E-commerce method patentability, based on the current economic and social situation of China. And the paper will help the protection of E-commerce method as well as the technological progress in related areas. This paper besides Introduction and conclusion can be divided in four parts:Part 1 defines the related concepts and introduces the background of patentability issue for E-commerce method. Also, the related disputes will be summarized and further researched.Part 2 illustrates the requirements, relevant judicial practice and the development trend for E-commerce method patentability in America, European and Taiwan, ChinaPart 3 will explore the theoretical basis for E-commerce method patentability based upon the two basic connotations of patent, namely, patentable subject matter and substantial requirements of patent.Part 4 will make proposals for improvement of E-commerce method patentability in China from both patentable subject matter and substantial requirements of patent perspective with the acknowledgement of feasibility of E-commerce method patent based on the thorough analysis for the E-commerce method patentability issue.