Research Of Examination Standard On Business Method Patent Of The Bank

Business methods Since the United States court in 1998 after the decision to obtain patent eligibility,countries and regions are on the protection of commercial methods to pay a high degree of concern,business methods and e-commerce and network technology,so that it is no longer excluded from the patent protection Object,on the contrary,because of its adaptation to the current economic diversification,network development trend,business method inventions have become patent protection object,great potential for development of new members.Following the United States,countries have recognized the business process of the invention of the upcoming economic benefits,and therefore have begun to patent the invention of commercial inventions,in the growing patent applications,bank business method patents occupy the main position.In the rapid economic development today,the financial industry has become an important force in the economic development of a country,and financial activities of the information and network,is the characteristics of commercial methods to adapt to the patent,so the financial business method patents propped up the commercial method of half of the invention Is the inevitable trend of the development of commercial method patents for the banking and financial industry to provide a new mode of economic benefits,the financial industry's innovation and development can not be separated from the effectiveness of financial patents to support the financial innovation to give timely and appropriate protection can be great Promote financial innovation.Under this trend,in order to increase the possibility of patenting invention of commercial methods and improve the quality of business method inventions,it is necessary to make a specific and appropriate establishment of the threshold for patent to be crossed,that is,the substantive examination of patent,Will not meet the standards of the application stopped at the door,so that should be patented protection of outstanding business methods to obtain legal protection of legal protection,thereby driving economic innovation.And through the search of China's banking business over the past two decades of patent applications,we can see that China's banking industry patent is in the uplift period,in order to cope with foreign patent competition,you need to help with legal regulation,encourage the bank business method patent Innovation.Through the comparative study of the United States,Japan and Europe,combined with China's reality,China's banking business method of patentexamination standards set,one to limit the excessive encouragement of its patent utility caused by the proliferation of applications,two to encourage its patent innovation,There are applications to see,in recent years,patent applications are mostly in the basic invention of the second innovation,patent overlap is serious,novelty and creativity are inadequate.To make up for the above deficiencies,the key to perfecting the review criteria lies not only in the theoretical examination of the substantive examination of the patent,but also in the specific examination of the need to access the patent technology library and technical staff to determine the bank business method patent this new patent Object,both the need for its substantive,novelty and creativity to make the appropriate restrictions and requirements,but also need to actively cooperate with international cooperation,build a patent pool to expand the patented technology to share,for the novelty and creativity of the timely and accurate Judgment basis.