Comparative Study Of Chinese And Foreign Business Methods Patent Protection

Nowadays, with the economy developing more and more quickly, computer andnetwork technologies and the like continually come forth. In the meantime, a lot ofexcellent Business Methods (BM) rushed out to bring substantive profits for theirpossessors. America, Japan and lots of European countries have already protected BMP.These counties not only constitute corresponding laws but also have cases to support theBMP protection. But China remains much conservative attitude. In addition, Applyingfor Business Method Patents (BMP) became an Intellectual Property (IP) policy forsome powerful overseas corporations. Once the patents are granted, they will improvethe competing ability of the corporations and will offer guarantee for the developmentof the corporations. On the contrary, most companies in China are lack of theconsciousness about IP. They would rather imitate the mature technologies than reformthe technologies. Certainly, some companies have unique BMs, while seldom of themapply for patent. The different attitudes lead to different results, i.e. China drops behindthe developed countries on the BMP protection. It influences not only Chinese PatentSystem but also Chinese companies' competing ability. Thus, there is an importantsignification to research the BMP protection.Therefore, the writer has studied the BMP protection, and wrote this paperincluding the research result.The present paper briefly comprises a foreword, a text including five chapters, anda conclusion. Wherein, the foreword describes several important questions about theBMP protection and the writer's viewpoint for these questions. The first chapter isnamed as "Summarization of BM Protection". The writer introduces two representativeand typical cases, makes discussions about the definition, the feature, the type and theprotection ways etc. for the BM, and sets forth the importance and signification for theBMP protection. The second chapter is named as "Summarization of BMP Protection".The writer introduces the definition, the feature, the type and the jurisprudentialcharacteristic of BMP, and also introduces the debates on the BMP Protection amongsome main countries. The third chapter is named as "Protection of BMP in America,Japan, European Countries etc. and Analysis for the same". The writer illuminates thedevelopment situation, characteristic and contribution for the world of the BMP inAmerica, Japan, and those European countries, and also analyzes and compares thestatus of BMP in these countries. The forth chapter is named as "Protection of BMP inChina". The writer describes the status and the existing problems of the BMP protectionin China, which includes the status and the existing problems of the BMP application,the status and the existing problems of the BMP protection system, and the status andthe existing problems of the administrative management. The fifth chapter is named as"International Development Trend of the BMP Protection". The writer makes analysisand introduction on the international development trend of the BMP protection andmakes some suggestions in terms of the corresponding strategy for Business MethodPatent protection in China.In the conclusion, the writer describes some perceiving during writing the paper,and concludes the writer's main viewpoints regarding to the BMP protection.In a word, the writer thinks that China should thoroughly make protection for theBMP as soon as possible, especially for constituting laws, administrative management,and strategy of companies, to ensure the protection of BMP.