The Research On Legal Problem Of Business Method Patent Protection

The development of economy and the progress of science and technology promote the diversification of business process, some business methods in combination with science and technology start as the invention applying for patents, and form a new international trend to grant business method for patents.While countries’ attitude towards business methods’ proprietary are more and more consistent, there is still no uniform and clear rules for the substantial requirements of business methods’ authorization principle and patent. In China,there is still not clear affirmation for the patentability of business method in the legislative,and in the review practice although existing financial business method patent authorized but still lack specific patent substantial requirements for guidance. The article through the United States, Japan and Europe on business method patent protection system and law analysis, trying to put forward my point of view to make the conditions of business methods patentability and protection system perfect.The first chapter is broadly defining the connotation related to business methods, lay a theory basis for discussing the problem to solve of business methods protection. The second chapter is about the experience and lessons of protecting the business methods with patent right. Especially in America, Japan and Europe, whose business method patent system are better. The third chapter turn the perspective to our country’s problem grant business methods patent right facing in legislation and judicial practice, trying to explore the topic in business method patent in our country and need to meet the legal conditions of deficiencies.Last part under the sufficient demonstration of the above three chapters, try to put forward to solve the problem of business method patent protection in our country,proposes suggestion and countermeasures to perfect the patent system, so as to those who are of good quality and science have a positive impact on business method patent protection.This paper adopts literature research, comparative analysis, empirical analysis,summarization research methods,and expounds the basic theory of the business method patent protection abroad. Through the analysis of draw lessons from foreign advanced experience of business method patent protection, the article put forward the suggestions to perfect relevant legal system.