Research On Business Methods Patent System

Traditional business method is to be excluded from the patentable object because it lacks of technology.However,as the development of internet and computer technology,more and more business methods have been combined with modern technology and become the patentable object,which is the modern trends.America is the first country to recognize the business-method patents and perfect the examination standards of business-method patents in a series of cases,at the same time America protect the eligible business-method patents.EU and Japan also change the attitude of business-method patents protection after the step of America,they change the domestic legal system in order to adjust international and domestic situation.Research and practice on business-method patents protection in our country is later than developed country,but in judicial practice our country has been recgonised the business-method patents,although in the law we have no clear cognition.So to some extent our country doesn't deny the business-method patents,so I think the research on business-method patents protection in our country is not mature which is lack of further research.Based on the above reality,first,in this paper author will elucidate the basic theory of business-method patents,and discuss the characteristic of business-method patents.Second,by compared with business-method patents protection in the USA,Japan and EU,author come to an conclusion of necessity of business-method patents protection.Third,based on our current legislation and analysis result of experience of Europe and the United States,author perfect the business-method patents protection in our country on the aspects of patentable object,substantial requirements and supporting systems.