Research On Patentability Of Enterprise APP Business Method Intellectual Property

As the “Internet Plus” era comes,it is shown that the enterprise APP explosively grows up with the creative driven development strategy.“The One Belt One Road” construction also provide a broader space for the development of enterprise APP.At the same time,the concept of business method patents has gradually deepened into the minds of the entrepreneurs or operators.Compared to the enterprise APP copyright and trademark rights,enterprise APP business method patent is also known as the "APP enterprise business model or operation" of the intellectual achievements,through the patent authorization data enterprise APP Research Report and business method application,found the actual authorized amount is very low.How to improve the enterprise's APP patent is the key the issue of enterprise development.According to the current situation of APP business method in China,and its patentability and concern,we can find that there are still some problems in the protection of APP business methods and the protection and development of APP business methods.In judicial practice,some courts that can pass the "Anti Unfair Competition Law" and "trademark law" of the constraints,through the protection of trademark rights and against unfair competition means to protect copyright,later they also use APP composition design some protection,but most of these methods and the deep essence can not completely play business model and business methods,cannot cover all the contents of the business method.In addition,the present stage of our country's business method patent review standard is the United States,Japan and Europe,one is the excessive emphasis on the technical standards,review the classification is not clear;the two is not yet established a complete and professional business method patent examination staff clear classification.The biggest problem is that the patentability of the enterprise APP business method is expected to be studied and solved.Based on the above background and reasons,first,based on the research of the current situation of APP and the theory of business method patent,we define the APP business method patent.At the same time,the concept of patentability and technical standards are combed,and the object of the enterprise APP business method patent is defined.Secondly,the relevant case study of American business method patent examination standard,from the "useful,tangible,concrete results",after the "machine or transformation",then the "standard",in the patent examination more and more strictly under the realistic background,the business method patent enterprise APP substantive examination conditions.Again,through the investigation of current situation of China's enterprises and APP business method patent,comparative analysis of judicial practice of business method patents in USA,Europe,Japan and Taiwan area China and "TRIPs agreement" in the patent substantive examination and patentability criteria,as the patented APP commercial method of domestic enterprises can certainly an important reference index patent,hope to develop the business method patent substantive condition of patent theme terms,modify and reasonable construction of enterprise business method patent system APP.Finally,suggestions are put forward to improve the patentability of APP business method patents in China,so as to promote the patentability of APP business method patents in China.