Patent Protection Of The Business Model In The Internet Age

As "Internet +" becomes a new situation,the patent protection of business model has gradually become a new issue in intellectual property law.The transformation of the industrial society represented by mechanical technology to the information society represented by computer and network technology makes the business model patent awakened by the times.Whether the business model should be protected and how to protect it has become the key issue.Business model is the method to solve the business problem which summed up by enterprise in the production and exchange activities.Business model involves financial,marketing and other aspects.When applied by the internet enterprise,the business model has become the result of the extension of the business management method combined with the specific network technology,and its technical and methodological characteristics provide the prerequisite for the patent protection object.At present,protecting the business model through the copyright,contract,trade secrets,unfair competition exists system defects and bottlenecks,it can not make the business model be effective legal protection.The theory of intellectual property rights included the theory of interest balance,the theory of economic incentives,the theory of labor desires,the theory of national strategy lays the foundation of legitimacy for the protection of the business model.The exclusive exclusivity of the patent right,the thought protection of the object and the wide range of protection provide an important legal basis for patent protection of business model.At present,there are many issues in the protection of business model patent such as the legal basis blank,the unscientific method of review,the confusion and rigidity of the object review criteria,and the generalization of the substantive review criteria.In this regard,the thesis suggests that the business model should be regulated particularly in the "Patent Review Guide";Divide the business model into two types and establish the independent review method of object and substantive review;Clear the application of precondition and logic of the business model patent object review criteria:Adjust "technical" criteria concrete application in business model patent object review criteria.Clear the applicable logic of the "Patent Law" article 2,paragraph 2 and the "Patent Law" article 25,paragraph 2;Provide business model patent with special substantive review criteria regulation in the novelty and creativity aspect:Expand the range of existing technology retrieval as well as establish the retrieval database;Establish the integral review perspective of the creative criteria;Strengthen "commercial success" criteria application of the creative reviewThe innovation of the thesis is that when the definition of business model is not agreed,the writer summarizes the advantages and disadvantages of foreign legislation and domestic researcher's definition of business model and scientifically defines the business model;The discussion on business model patent protection is a combination of the current "Internet +" situation and the new policy about the "research business model and other new forms of innovative results of intellectual property protection approach";In the face of the situation which exists much qualitative and few system design of business model patents,combined with foreign legislation and judicial practice,the writer provides a concrete,localized system construction of the business model patent.