Patentability Of Business Method In Application

The progress of computer sciences and communication technologies has been called the Third Industry Revolution. Different with the First Industry Revolution of engine era and the Second Industry Revolution of electric era, the Third Industry Revolution leads human being to enter into the information era. The patent law system was generated with the First Industry Revolution, and no one could deny the contribution of the patent law system that ensures the industry revolutions to go on wheels. The smart phone and the tablet PC grow with the development of computer sciences and communication technologies. Once they came into market, the number of users of smart-phone and the tablet PC is increasing rapidly in recent years which also means a whole new age of communicating with each other any-time-at-any-place is coming. The APP, which also be called the third party application, is applied with the patent law system and shall be rejected because it actually is the mental activity? Under the circumstances, this paper tries to answer the above-mentioned questions by the viewpoint of Chinese patent law system.This paper includes of six parts of the preface, the main body which be divided into four parts and the conclusion.The preface of this paper introduces the background, motive and purpose of the study.The main body consists of four chapters. The first chapter The Concept of APP and the Significance of Patentability of Business Method in APP introduces the APP patentability matters. First of all, the chapter one defines the APP and the application environment, and then describes the development and characteristic of APP. Also, it summarizes the differences between the APP and the software. In the end of this chapter emphasizes the key problems of studying on APP patentability.The second chapter The Development of Patentability of Business Method in APP and the introduction of Patent Examination Guideline in Different Countries introduces several countries and areas on the construction of patent system in respect with the protection of business method of APP. This chapter emphasizes the patent law system of business method of APP on the United States, European Union and Taiwan. It comments the business method patentability issues in disparate period from totally opposition to conditional acceptance. It also illustrates the rules, examination guidelines and the classifying database.The third chapter The Patent Law and Rule about APP Patent Application and the Examination Guideline in Reality sets forth the patent rules and existent guideline of examination of Chinese patent system. It points several obscure spots that might exist in the clear and unclear clauses in the rules and examination guideline.The last chapter Suggest on Patentability of Business Method in APP in China provides the answers which mentioned in the first chapter and how to rebuild the system of patent law and rules in respect with the protection of APP. In the beginning of the fourth chapter, it suggests the TECHNOLOGY need be defined. Besides, the APP invention could use the utility as standard of patentability. Next, it advises to set an extra application duty of prior arts in APP patent procedure. The last, this chapter recommends bringing the standard of business success into the examination of inventiveness.