Research On Business Method Patent Subject Matter Requirement

With the development of technology and science, the business method which is implemented by the computer software and network technology has changed its identity from unpatentable rules and methods for mental activities to patentable technical proposal. The problem of how to adjust this new kind of subject matter to China's patent system for the purpose of connecting the traditional theory with modern technology and speeding China's economic development is a burning question that needs to be solved. This thesis goes on discussing the topic from the definition and characteristic of business method, analyzing its development history and the changes of attitudes that many developed countries held towards business method, combining the judicial practical situation of our country and arguing a model suitable for China. There are four chapters expounding on this issue.The first chapter defines the concept of business method, introduces the cold attitude that many countries held towards it in early stage and discusses the influence that computer technology exerted on the protection system of business method. This chapter also introduces the current situation of the protection of business method and exposes many problems in the course of providing protection for business method by patent.The second chapter expounds on the reason why we should establish a strict subject matter censorship for business method. This chapter illustrates in the first place that rules and methods for mental activities should be excluded from patent subject matter and explains the reason why the business method in today's technical condition should no longer be simply viewed as rules and methods for mental activities. Moreover, this chapter illustrates the relationship between business method subject matter censorship and gives the prominence to the patent subject matter censorship.The third chapter introduces the change of standpoint held by American-led western developed nations. This chapter discusses the practice of America's upgrading subject matter standard and the practice of EPO and English High Court on the issue of business method censorship in detail. At last, the chapter summarizes the experiences and lessons on this issue, laying the foundation for China's transplantation of law.The last chapter introduces the subject matter requirement that has to be met for obtaining the protection of business method patent. This chapter first evaluates China's current law and regulation on this issue, illustrates the mean of how to meet the statutory requirement by patent drafting and explains the inherent reason why China should establish a high level of subject matter requirement.