The Legal Protection Of The Commercial Methods Patent

The 21st century is an age of technology economy. The rapid development of high-tech influenced the people's way of living and concepts of thought thinking and also changed the international political and economic relationships. Thereby it is affecting the world situation. Counterbalance among the countries has been shifted from the capital competition to technology competition. Now the technology competition is first reflected in the looting for the monopolization, that is, the patent competition.We can say that the patent system fully reflected a country's integrated assessment and consideration of individual interests, social interests and national interests. In order to ensure their leading position in economic and technological competition, the developed countries have adjusted their national patent systems and policies and strengthened intellectual property rights protection to achieve the goal of economic expansion.Traditional business methods are excluded from patent protection. But the development of technology allows the commercial activities break through the limit of time and places, achieved the combination of traditional business methods with computer and information technologies. Human has thus entered a brand-new E-Commerce Times. Since e-commerce has enormous commercial profits and good market prospects, granting patents to the commercial methods has become the thirsty-requested aim of developed countries.In 1998, with the sentence of the case of State Street Bank & Trust, the United States created the approach to protect the patent with commercial methods. Since then, many countries have been actively adjusting their patent policy to included business methods to the scope of patent protection. This is an opportunity to our country as well as a challenge. How to get the opportunities and deal with the challenges to keep our country developing and undefeated are issue we have to face after joining the WTO.Basing on the above considerations, I have conducted some thought and did some research in the essay. The essay can be divided into three parts: introduction, body and conclusion. In the introduction part, the motivation, purposes, research state at home and abroad and the major innovations points of this essay are put out.The body of the essay consists of five chapters.Chapter one firstly summarized the business methods patent. In it, I analyzed the concept of traditional business methods and modern business methods. Defined the concept of business method patents, discriminated several confusing concepts. In the following, I introduced the origin and develop trend of business methods patent in time order, pointing out that in the protection of business methods patent, though differences still exist among big countries like American, Japan and European countries, their attitude are getting similar in practical use.Chapter two discussed the foundation of business method patents. Approaching from discussing business secrets to the limit of copyright in protecting business method patent produced a conclusion that it is inevitable of protecting business method patents. Then I analyzed from the sight of legal philosophy and economics to ensure the legitimacy of the business method patents.In chapter three, I analyzed the granting terms of the commercial methods patent, pointing out competency exclude the applications without patentability essentially, while the practical qualification is exclude those project of least innovation.Chapter four introduced the carry out of legislation and revelation of business method patents trend. By comparing with the attitude of the United States, Japan, Europe and Taiwan to business method patents, we obtained enlightenment: business method patents have become a trend, we have to do something to manage it.In chapter five I analyzed the current laws and regulations used in China, pointing out that though the laws does not explicitly ruled that our business methods can be patented, it is not forbiddened specificly. It is possible that business method patent is to be protected in China someday. The caution is a result of the consideration from the profit of China, reflecting our laws-making wisdom. After analysizing the contradiction in business method patents protection, measures of our country to deal with it were brought forward.In conclusion section, I made a summary to the whole essay and echoed the front parts.