The Empirical Research Of Authorization Conditions In Business Method Patents

The deep integration of information technology and economic development in the Internet,big data,e-commerce,artificial intelligence and other fields has brought about a significant increase in social resources and creative capabilities.The integration of business model innovation and network technology in all industries and industries has been applied in commercial applications.It plays a very key role.In order to promote their economic strength and improve their international competitiveness,countries actively encourage and properly protect commercial method patents.In the actual case,the commercial method was incorporated into the protection of patent rights to gradually achieve consensus in the world.China will incorporate the legal protection of commercial method patents into the new version of the “Guide,” making it once again a hot topic at home and abroad..This paper uses statistical analysis,comparative analysis,and case study methods.Explained the current status of judicial protection of business method patents at home and abroad,examined and analyzed typical cases and advanced legislation outside the domain,analyzed the current status of protection of such patents in China and the problems existing in authorization,and combined them with actual authorizations.Factors that should be considered Suggestions for improving a related system.The first part of the introduction summarizes the research purpose,significance,and methods of this topic,as well as the research status of business methods patents in China and foreign judicial practice.The second part makes preliminary statistics on the application and authorization data of each sub-area covered by the application related to business methods for the period up to December 31,2017 through the Incopat Patent Search and Analysis System.The review and dismissal of related cases are also summarized.The current status of protection of commercial method patents and existing problems.In the third part,the statistical data of business method patents and international classification numbers were used to count the authorization rates of the regions from high to low in the following order: the United States,Japan,China,and the European Union,and then came to the strict degree of authorization of different countries(regions).Using the method of empirical comparison,statistics were made on the authorization status of major countries(regions)in the past ten years.The authorized rates reflect the trend of changes in their respective authorized amounts.In addition,the authorization conditions determined in case law are analyzed and analyzed.Novelty,inventiveness,and practicality compare the review criteria in each region.The fourth part analyzes its economic value and legal value based on the theory of patent protection ofbusiness methods,and then discusses the reasons and necessity of using the patent system to protect business methods.In the fifth part,according to the particularity of commercial method patents and their licensing conditions,we have proposed several suggestions for perfecting the commercial method patent licensing standards.These include mainly insisting on "technical standards," adhering to the "overarching review principle," and expanding the scope of existing technologies,etc.,to ensure that While its legal status has been affirmed,it has been better protected in the review practice.