Study On The Business Method Patents Of The Banking Industry Of China

Business method patents is one of the most controversial problems in the area of intellectual property right in recent years. As one of the first industry which got the patent protection in the field of business method patents, banking as well as the most active industry as to the patent application. The main content of this paper is to study on the status and the development of the financial business method patents of our country on the base of the primary theories about the business method patent and its innovation.This paper also makes a patent search on the subject of the banking in our country, and makes a deep analysis on the search result, which includes the patent application status of the three type patents about the banking in our country, the status of banking business method patents in our country, the developing differences of the business method patents between the domestic banks and the overseas banks, the annual applicant developing trend of the banking business method patents in our country, the distribution of the business method among the domestic banks and the overseas banks. On the base of the analyses above, this paper sum up the developing characteristics of the business method patents of the domestic banking industry.By the way of comparative research, this paper makes a study on the different patent law and the examination guidelines about the business method patents among the USPTO, EPO and the JPO, at the same time, makes a clear that the law environment of developing the business method patents to the banks in these countries, and gives some valuable samples to the domestic banks who would apply the business method patents in foreign countries.This research analyses the environment of the business method patents to our domestic banks from several aspects, such as national macroeconomics policies, patents law, the awareness of banking industry and the business operating environment and so on. And this paper makes a detail research on the developing strategies of the business method patents to our domestic banks.