| With the international trend of patenting business methods, financial industry, especially the banking, is becoming the one who develops the most quickest on business methods patent (BMP). To fulfill the promise of entering WTO, Chinese banking has opened all-around to foreign banks,and severe competition will become the main character in the development of Chinese financial industry. To Chinese banking, protection of intellectual property rights (IPR) is a weak point, and it becomes worse to BMP which closely relates with the growth of new banking business. Nowadays foreign banks have already acted in BMP protection, which will threaten Chinese banking in its future development and participation in international competition. Thus, it's great importance to study the protection of BMP in Chinese banking.With the above background, this paper sets forth firstly the meaning of BMP, basing on the introducing and analyzing the relevant policies changes of America, Japan and Europe respectively. Then considering its international development in foreign financial industries and contrasting Chinese banks and foreign counterparts in the situation of BMP protection, the paper analyzes the status quo, especially the main problems of Chinese banking in this field. Accordingly, suggestions are given to Chinese banking on its future choice of patent protection strategies: On one hand, to endow IPR with strategic importance in Chinese financial development, enhance the whole ability of answering the risks brought by BMP as well as strengthening the cooperation of relevant government branches; On the other hand, Chinese banks should exert themselves on the increase of recognition to patent protection, talents cultivation and establishment of an integrated patent development, management and protection system in the process of financial creation. Meanwhile, suggestions on the patentability of business methods and corresponding criteria of patent issuing are also given to Chinese lawmaking authorities. |
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