Patent Protection Of Internet Business Model

In the traditional intellectual property protection system,in addition to patents,trademarks,copyrights,trade secrets and so on in the protection of business models appear to be unable to do.even through patents to protect business model innovation,because the business model has strong rules and method attributes of intellectual activity,thus being limited by the protected object under the existing patent protection mechanism.China's current protection of the patent for commercial methods is not very perfect,according to the previous "Patent Law ",there is no detailed provisions on the" Internet "business model,resulting in the decision can not be relied on,infringement occurred repeatedly.Although the intellectual property office Some provisions were made,but only at the technical level,without considering business model innovation.The issue of patent protection of business models remains unresolved.The trademark legal system only makes the detailed stipulation in the commodity registration classification and the application and so on,has the blank in the business model aspect.It was not until 17 years that the Patent Review Guide was officially issued,specifying the business model and confirming that "computer methods" could obtain patent protection.Therefore,in the rapid development of the "Internet ",how to integrate the business model into the protection of patent rights becomes an urgent problem,business model patents The research of institutional protection has important theoretical and practical significance.Based on the theory of analysis and practice,this paper explores the initial construction of patent protection of Internet business model in order to provide a new direction of thinking.The definition of Internet business model is that business model is an abstract business idea,which is a way to integrate traditional business model with information technology in the Internet era and realize business value through business creativity.This paper describes the protection of intellectual property rights in business models.The use of copyright,trade secrets and trademarks can not be well protected.Only patent right is the best way of protection at present,because patent right mainly protects invention,utility model and design,which is essentially an idea.This is the biggest difference from copyright protection products and services.Patent judgment infringement adopts the principle of equivalence,that is,as long as the technical characteristics are essentially the same,even if there are differences in some links,it will be recognized as infringement.For a business model,only the technology that requires protection in the statement of power requirements,as long as others take advantage of plagiarism,only If the core doesn't change,it's a patent infringement.Business model is the logic of enterprise value creation efficiency.This logic is highlighted by the transaction structure of the focus enterprise and stakeholders,and belongs to the typical "thought ".Compared with the way to express the business model,the elements of the business model,business system,profit model,operating mechanism and so on are the core content to be really protected,which belongs to the category of "thought" protected by patent.This paper expounds the evolution of the protection process of the business model in the United States,Japan and the European Union,and the problems existing in the protection of the business model in China.First,the lack of legal basis for the patent of the business modelt the existing legal system of our country has not yet formed an effective protection for the business model,on the one hand,from the current patent-related legal system,the type of the patent of the business model has not been recognized.On the other hand,the existing patent system in China can not adapt to the changing business model today.The second is that the methods of examination are not scientific,and the methods of examination are not organized,and the three methods the same level.? is the problem of generalization of substantive review standards in novelty and creativity.Fourth,the entity review standard is too high,in practice often a large number of such situations in practice,in the object review will be mixed with creative review,resulting in confusion and lax procedures.The first is the construction of the legislative level,adding the relevant requirements of the business model patent in the Patent Review Guide,and adding the relevant content in the chapter of substantive review.For example,business models can be classified,with different review methods for each category,saving reviewers' time,improving work efficiency and standardizing processes.It is clearly stipulated that the claim should conform to novelty,practicality and creativity,directly record computer and network technology,and the technical characteristics should also have a certain relevance to the technical problems,and the application document records sufficient implementation methods to support the functional,qualification of the scheme.Second,the construction of social level To establish an independent examination method of object examination and substance examination,to examine the subject status first when patent examination is carried out,and to examine the practicability,novelty and creativity only when the subject status is passed.Third,the construction of social level,strengthen the cultivation of enterprise patent awareness,in the patent examination of the recruitment of comprehensive knowledge of social talent.