Research On The Patentability Of Business Method

With the rapid development of computer network technology, mankind gradually into the information society and knowledge of economy and society, human traditional lifestyle has brought unprecedented impact. In law, patent law protection is particularly evident. Traditionally, business methods are not protected by patent law. States are considered that business method has the rules and methods for mental activities and exclude it from the patentable subject matter. But with the rapid development of economic and technological levels, new inventions emerge, the traditional theme of patentability more abundant, they gradually changed the business methods are excluded from patent protection background environment.Driving the national interests, countries gradually liberalized the protection of business method patents. Citibank representative of the major financial, e-commerce companies have actively apply to our business method patents, thereby seize the market, and the development of industry standards. In the face of developed countries "seize" the patent, how science, properly face the patentability of business methods problem, select and improve business method patent protection, it is vital important for the China’s of economy in the future international competition. This paper hope that establish and perfect the patent system is beneficial to Chinese business method on the basis of previous research results, through further study,analysis on developed countries business method patent protection problem and grants our circumstances.The first part, overview of on business method patents define and its patentability, and analysis of the historical evolution of business method patents, it is help us to correct understanding the legitimacy and the need of to protect the business method. The second part describes the representative countries, such as America, Europe, Japan business method patent examination standards, and to provide reference for China. The third part is to discuss our business method patent filings and current regulations, and analyze the current problems. The fourth part is to discuss the problem of business patents which do still exist, and to put forward suggestion to future business method patent legislation as well as the construction of protection system. Trying to establish a business method patent for our standard of review and the system.