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On The Law Of Business Method Patents To Protect

Posted on:2008-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:S H ChenFull Text:PDF
GTID:2206360218961210Subject:Comparison of the Law
Abstract/Summary:PDF Full Text Request
With the development of computer science and internet, E-commerce becomes one of the most important business modes, and it influences the whole world dramatically. It is not exaggerate to say that which country can occupy the E-commerce field in the future, which country can get more interests.Traditionally, business method is not a patentable subject matter in the patent system. It was looked on as"rules and methods of mental activities". In 1998, the case State Street Bank & Trust Co. v. Signature Financial Group Inc. opened the door of business method patent in the U.S. After that, for the consideration of their economic interest and to promote innovation, many developed countries amended their patent law to include E-commerce business method as a subject matter of patent.Now, there are many business method patents in U.S and the other developed and developing countries. While for the lack of experience and materials, some of the business method patents are invalid and become the roots of dispute. The situation makes the protection of business method the most important question to be settled.According to the description mentioned above, this article will do some analyses surround the protection of business method and hope it helpful to others.The article contains four parts. The first part mainly introduces the history of business method patent, and the developing direction of business method patent;The second mainly focus on the construe of protection scope of business method patent;The third part is about the infringement of business method the rules of cognizance of it;The last part mainly wants to make several suggestions to the protection of E-business method patent.
Keywords/Search Tags:business method, business method patent, novelty, utility, non-obviousness, patent protection, patent scope
PDF Full Text Request
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