The Research Of Electronic Commerce Business Method Patent

The electronic commerce business method is the inevitable result of combining computer network technology and business rules or concept,which breakthroughs the traditional business method patent right limitation. The western developed countries are earlier than developing countries in the electronic commerce business method patent development, relating to the development of the field had to consider America, America in development of the electronic commerce business method is outstanding, it is related to the degree of development of the economic,social and America actually, intellectual property rights,or to recognize the development value, followed by Europe and Japan have also taken on the protection of the patent development of field measures, in quite a long time, many developing countries are especially China also gradually realized the electronic commerce business method not any have legal significance, in but also has the interests of the state, so our country must face the opportunities of the developing times, we should study lessons from the better system of patent protection in developed countries, but also should draw lessons from failure case.This paper start from the characteristics of the patent of business method of e-commerce, which points out that the essence of constitute the electronic commerce business method patent, followed by the legislation of the China’s e-commerce business method patent protection and practice performance to research, and then introduces the legislation and practice of the electronic commerce business method patent protection in developed countries, at last, the article pay attention to the discuss the China’s patent protection for business method of e-commerce should be how to develop reasonable measures, we must continue to vigorously promote the patent strategy, to reinforce China’s electronic commerce business method patent legislation, to improve the existing technology of database and improve the review auditors the quality of design.