Research On Patent Protection Of Business Model

In the current international financial and economic market,the proportion of economic benefits brought by intellectual property is increasing,among which the patent right plays an important role.The rise of business model drives a new economic tide,and the protection of business model has become an unavoidable issue for all countries.The emergence of business model is no longer a pure intellectual activity of the rules,methods,it is closely integrated with the existing science and technology;It is no longer an abstract concept in people's thoughts,but a technical solution that contains certain technical characteristics and can be accepted as the object of patent.The patent protection of the business model has become the consensus of all countries,but how to grant the patent right to it,what kind of patent examination standard to make,and how to carry on the patent protection and so on,have become the main problems facing the improvement of the legal system in our country.Through the comparative analysis of the typical cases of the business model of the United States and the European Union,this paper summarizes the advantages and disadvantages of the business model patent protection in other countries,and provides reference and experience for the business model patent protection in China.At the same time,through the analysis and study of cases involving business model in China,the problems in the process of business model patent protection in China are analyzed,and solutions are proposed.On this basis,some Suggestions and measures are put forward to improve the system construction of business model patent right in China.The first part,starting from the concept of business model,further distinguishes the relationship between business model and traditional business method on the basis of predecessors,redefines business model,and analyzes and summarizes the uniqueness of business model.Combining with the historical development trend of business model,the practical significance of business model protection is analyzed.In the second part,it introduces people's arguments about the patent right of business model and analyses the advantages and disadvantages of various protection methods,and finally comes to the conclusion that the patent right is the most effective protection method.The third part,through the European Union,the United States of the typical business model patent case analysis,intended to compare the patentability of the business model of each country's legal system and review program;Again from the protection of the business model in China's judicial practice,analyze the process of business model for which patent right may be granted,and explore the business model can be patent standard in China,from relevant system construction,etc.,put forward some Suggestions and comments about patentability review perfect,hope to the business model of patent protection in China as a meager force.