Research On Patent Eligibility Of Business Methods In America And Implications For China

In recent years,the Supreme Court of the United States varies the criterion of patent eligibility of business methods through several cases,including Bilski v.Kappos in 2010,Mayo v.Prometheus in 2012 and Alice v.CLS in 2014.Although those criteria are all within the extent of Article 101 in United States Code Title 35-Patents,the adjustments affect the scrutiny and grant of business methods patents to a great degree.This thesis is aimed at analyzing the trend of criteria of business methods patent eligibility and revealing its reasons through new cases in the Supreme Court,the government's attitudes in history,American innovation strategies and International competition.Also,the thesis shows status quo of business methods patents protection and points out existing problems and defects of the system,and makes proposals.This thesis is divided into four chapters:Chapter One demonstrates the historical evolution of the patents eligibility of business methods in America.The first quarter introduces the definitions of business methods and business methods patents;the second quarter shows the history of criteria of business methods patents in America.This part,using case studies,discusses from two aspects: legislation and judiciary.Chapter Two analyzes the new developments in the scrutiny of business methods patents eligibility in America.The first quarter discusses the formation of new method of scrutiny through Case Bilski and Case Mayo,and analyzes the problems it brings.This part points out that machine-or-transformation test cannot be the only test currently and the Mayo's framework is the new trend;the second quarter analyzes the main law dispute focal point in the two cases;the third quarter summarizes the trend in scrutiny of business methods patents eligibility: it loosens the criterion but is likely to receive more scrutiny.Chapter Three Grasping the developing reasons of the eligibility scrutiny of business methods patents.The first quarter reveals the international competition pressure by analyzing international treaties such as TRIPS and analyzes the international competition situation by discussing the general attitude towards business methods patents of Japan and EU;the second quarter analyzes the domestic developing reasons of the eligibility scrutiny of business methods patents.The domestic reasons including reducing the quantities of poor patents and litigation abuses.And the impacts of US economy and politics on the developing reasons are also very important.Chapter Four discussing the legal protection and existing problems of business methods patents in China and taking good examples from US in order to improve the legal protection of China.China should hold an open attitude towards the scrutiny of business methods patents and should form a better criterion of scrutiny.In short,taking actions for international competition of intellectual property is necessary.