Research On Patent Protection System Of Commercial Methods In China

Since early invention patents were concentrated in the industrial sector,the understanding of the definition of invention tended to favour the stereotype of the mechanical sector,and in the case of the intellectual property powerhouse,the United States,where the United States patent office had earlier regarded business methods as an experience or marketing technique,and even confirmed the principle of "except for commercial methods" at one point.With the rapid development of software and information industry in the United States,the simple way of software copyright protection can not meet the needs of the market innovation subject for the protection of intellectual achievements.U.S.Patent Law 101 for the invention of the patent object and licensing conditions of great promotion,coupled with the U.S.State Street Bank commercial method patent case,the commercial method can patent since entering people's vision,although the specific examination rules of a twist and turn,but undoubtedly greatly promoted the development of the U.S.Internet industry.China's patent law does not clearly stipulate whether business methods are patentable or not,and more reverse restrictions are adopted,such as the denial of the qualification of certain types of object patentable,coupled with the difference in the examiner's cognition of intellectual rules,resulting in low application volume and authorization rate of business method patents in practice.At present,China's industry is in the critical period of upgrading and industry 4.0.The State Council has issued documents for many times to require the establishment of supporting legal protection measures,but for patent law,blind expansion of patentable objects is against the original intention of legislation.Whether the business method can become the patentable object,what kind of examination rules should be adopted,and what better system measures abroad are worth our learning and reference.These problems are worth our thinking and research.Based on the above reasons,this paper will focus on the construction of business method patent system in China.The article will be divided into four parts to elaborate:The first part is “the commercial method patent correlation legal concept limits”,this chapter mainly is narrates and comments various scholars regarding the commercial method concept understanding,as well as various countries official to commercial method patent classification,and to easy to confuse two concepts “thebusiness model,the business secret ” carries on the contrast discrimination.In the defined concept foundation,and carries on the analysis to the commercial method patent authorization foundation logic,can carry on the comprehensive understanding to the commercial method patent.The second part is “the overseas commercial method patent protection system present situation analysis ”,carries on the analysis to the knowledge of the world property right powerful nation and the region commercial method patent system development advancement,obtains US,Japan,the European Union three countries and the region to the commercial method patentability request and the examination standard,analyzes these national monopoly system the good and bad points,may study the frame of reference for our country's commercial method patent protection system construction.The third part is “our country commercial method patent system extant question and the improvement measure”,through the patent year data report excavation,with the practice difficult position two dimensions,explained with emphasis our country commercial method patent system existence legislation insufficiency,the small and medium-sized enterprise protection difficult position,the enterprise Uygur power difficulty,the patent examination team quality is short of and so on the questions,and proposed own some pointed suggestions,can better maintain Our country Enterprise by the time the commercial interest.The fourth part is “our country commercial method patent system consummates suggests”,speaking of the enterprise,should promotes to the commercial method value and the protection manner to the enterprise strategy altitude;Speaking of the government,should impel the administrative guidance measure the construction;Regarding Country Intellectual property rights Correlation Department,should the refinement patent first examine and the punitive compensation system,as well as further the refinement patent examination regulation,the promotion examination team's personnel quality,other some assistance measure like patent management operation system build and the short-term business monopoly system implementation and so on,the multi-dimension multi-stratification planes consummate our country's commercial method patent protection system,better serves for our country's market innovation main body.